Debate Intensifies Over 14th Amendment's Original Intent for Birthright Citizenship

A recent social media post by "el gato malo" has reignited debate surrounding the 14th Amendment's Citizenship Clause, specifically its application to children born in the United States to foreign nationals. The post asserts that the amendment was originally intended to secure citizenship for children of freed slaves and not to grant birthright citizenship universally. This perspective challenges the prevailing interpretation established by a landmark Supreme Court decision.According to the tweet, the phrase "and subject to the jurisdiction thereof" was designed to prevent the children of foreign nationals from claiming citizenship. The author states, "for 33 years, it meant that only the children of US citizens could claim birthright citizenship," emphasizing that the primary purpose was to overturn Dred Scott v. Sandford. This historical context suggests a narrower scope for the Citizenship Clause than currently understood.The post directly criticizes the 1898 Supreme Court ruling in United States v. Wong Kim Ark, stating that "this intent was inverted in 1898 in (US v wong kim ark)" and that the decision "was a radical change made by an activist judiciary." This ruling cemented the principle of birthright citizenship for children born in the U.S., regardless of their parents' immigration status, a stance largely supported by legal scholars as affirmed by the American Immigration Council."El gato malo" suggests that the current Supreme Court "could overturn it and restore the 14th amendment to its original purpose and usage." Alternatively, the tweet proposes a distinction: Wong Kim Ark's parents were legal residents, implying that children of "illegal resident parents are not legally subject to US jurisdiction in this manner and so could constitute a separate class of eligibility." This distinction, the author argues, would also align with the original intent.While the Wong Kim Ark precedent has been consistently upheld by most legal authorities, including the Congressional Research Service, some political factions and executive actions have sought to restrict birthright citizenship, particularly for children of undocumented immigrants. A January 2025 executive order aimed to deny birthright citizenship under certain conditions, though such measures typically face significant legal challenges. The ongoing discussion highlights a persistent legal and political divide over one of the Constitution's most consequential provisions.