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Does Congress Have a Say in Birthright Citizenship?

16 0
01.04.2026

Interesting: At the ongoing oral argument of the birthright citizenship case, Justice Brett Kavanaugh asked Solicitor General John Sauer whether Section 5 of the 14th Amendment — which endows Congress with power to enforce the provisions of the amendment “by appropriate legislation” — gave Congress authority to interpret the term “subject to the jurisdiction thereof” in Section 1 (the birthright citizenship provision).

Sauer........

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