The U.S. Constitution is a magnificent document. The 14th Amendment to the Constitution has been making headline news of late. As to citizenship, the 14th Amendment reads as follows: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Now we know that the 14th Amendment was specifically designed so that the children of the former slaves would be considered to be American citizens. But does the same apply to others who are not subject to this country, who have a foreign embassy that they can go to, that their children are citizens of this country? That is the question a lot of people have been debating. From the news that the president might put through an executive order, to the original Supreme Court case that has us in this position, it is time that both political parties come together to establish just who and who is not an American citizen.
On the surface, it sounds as if all one has to do is to be born in this country, and therefore they are a citizen. The problem is that children’s citizenship follows their parents. So if the parents have to go to a foreign embassy, why are their children considered United States citizens? Children of diplomats are not citizens, even though they are born on American soil. What it all boils down to is that allegiance to a country is/should be a determining factor.
The original Supreme Court ruling involved Wong Kim Ark whose parents had emigrated here from China. Although they were not United States citizens, he was born in San Francisco. When he went to China, and attempted to reenter the country, he was denied. A legal battle ensued. The Supreme Court ruled in his favor that he was an American citizen.
Now over a hundred years later, we do have rules about who is in this country legally and illegally. The question becomes especially central when those who are here illegally give birth to children. Are those children entitled to American citizenship? Their parents are not subject to this jurisdiction, so should the children be subject to this jurisdiction?
It is time for this issue to be resolved.
I personally feel that this is a case that the Supreme Court needs to take on. From the wealthy Russian and Chinese women who are coming into this country to give birth just so that their children can have American citizenship (AKA birth tourism), to those here illegally and giving birth, the question has to be resolved. Are these Americans that are being born, or are they foreign Nationals being born?
I personally hope we do get a Supreme Court case so the situation can be clarified legally. I can accept the Supreme Court’s decision. What I cannot accept is a country being further divided by political demagogues who care less about the welfare of this country and more about their political agendas.