“Birthright” Citizenship: Will there be a constitutional amendment?

August 17, 2010

Last week Janet Napolitano called discussions of repealing so-called “birthright” citizenship “just wrong”. Lindsey Graham and other Republican members of Congress have been considering enacting an amendment to the constitution to override the 14th amendment’s grant of citizenship to “all persons…born in the United States”.

A search in WestlawNext for (“birthright citizenship” constitutionality) in all jurisdictions returns a law review article from Georgetown, “The Nephews of Uncle Sam: The History, Evolution, and Application of Birthright Citizenship in the United States” (9 Geo. Immigr. L.J. 667). Even though the article is a little dated it outlines the origins of birthright citizenship and discusses the impact of the 14th amendment in the United States. Only time will tell if there will be enough support to amend the constitution–however it is interesting to see how we got where we are today.

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