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Thomas, Alito: In Birthplace Citizenship Ruling, John Roberts Imposes ‘Feudal’ ‘Darkness’

Congress explicitly rejected Roberts’ new feudalism in the same year the Citizenship Clause was ratified.

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In dissents released today, Supreme Court Justices Clarence Thomas and Samuel Alito slammed the historical illiteracy of Chief Justice John Roberts in imposing a “medieval English ‘feudal’ principle” on the American people, allowing any foreigner to become a citizen simply by being born on American soil.

In his majority opinion for the court, Roberts strained to reimpose a form of feudalism soundly rejected by the American Founding. That legal principle guarantees random foreigners the privilege of American citizenship through an English common law basis that the Founders rejected. Feudalism reflected a king-subject relationship based on soil, and the Roberts court’s reasoning imposed that alien tradition — that persons are subjects, not citizens — on the United States.

“The Court’s account is not historically accurate,” Thomas wrote in his dissent, which was joined by Gorsuch. “The Court says that the Citizenship Clause incorporated the English feudal principle that subjects owed lifetime servitude to the King who owned the soil on which they were born, but Americans—unsurprisingly—rejected this feudal principle.”

Even the English, Thomas wrote, “moved on from ‘the darkness of the middle ages'” that Roberts just revitalized.

“Before saddling the Nation with a medieval rule, we had better be certain the Constitution requires it,” Alito says his separate dissent, calling the system “birthright subjecthood.”

Thomas noted Roberts’ reliance on a 418-year-old English common law case called Calvin’s Case, which established the principle of “‘jus soli.” Under jus soli, “people owed perpetual allegiance to the........

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