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If Anyone Can Birth An ‘American,’ Citizenship Means Nothing

American citizenship is a priceless inheritance, not a cheap commodity to be harvested by those who wish us harm.

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If you’ve been wondering why America’s 250th feels so hollow, the Supreme Court’s June 30 ruling on birthright citizenship should provide ample clarity. If anyone, from anywhere in the world, can travel to America and give birth to an “American” citizen, then American citizenship is meaningless and based purely on the happenstance of birth.

As Justice Samuel Alito noted in his dissent, this system of “soil and servitude” was emphatically rejected by our Founders in the Declaration of Independence. Yet, the Court has once again saddled our nation with this ancient understanding, negating everything the Founders pledged their lives, fortunes, and sacred honor to reject, and resurrected a form of medieval English feudal rule.

At the center of this debate is the 14th Amendment, which was drafted to ensure that freed slaves were recognized as full citizens, given that, as Justice Clarence Thomas argues in his dissent, freed slaves “had no other homeland” and were “liable to be called upon to defend [America] in time of war.”

The Constitution’s Citizenship Clause demands that one not only be born in the United States but also be “subject to the jurisdiction thereof.” Legal scholars who reject universal birthright citizenship under consent theory argue that full jurisdiction requires mutual political consent.

Sen. Lyman Trumbull, a principal architect of Reconstruction-era legislation, explained that the phrase “subject to the jurisdiction thereof” meant “not owing allegiance to anybody else” and “subject to the complete jurisdiction of the United States.”

To this point, Justice Thomas explained........

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