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The Supreme Court Established 140 Years
Ago That Foreign Nationals Born in the
U.S. Are Not Citizens

Original Article

Posted By: Christopher L, 4/2/2026 12:35:36 PM

Experts say. On the Original Legal Meaning of “Subject to the Jurisdiction Thereof” – Reason. A Five-Word Enigma: ‘Subject to the Jurisdiction Thereof’ – WSJ. Why Trump’s Quest to Gut Birthright Citizenship Is Doomed – NY Mag. Experts. What would we do without them? Elk v. Wilkins quite clearly explained what ‘Subject to the Jurisdiction Thereof’ mean. whether an American Indian born on a reservation was a citizen. The Supreme Court decided he wasn’t because he wasn’t subject to the jurisdiction of the United States. That phrase in the 14th Amendment was to naturalize freed black slaves, not random foreigners.

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Reply 1 - Posted by: Mushroom 4/2/2026 1:17:21 PM (No. 2088012)
Sometimes common sense escapes the brain trust of activist judges, and we do have a giggle of them!
39 people like this.

Reply 2 - Posted by: mifla 4/2/2026 1:42:32 PM (No. 2088022)
The government's lawyers focused on how people were abusing the law, not the law itself. The Supremes are there to discuss law, not how the bad guys break it. This one is going to hurt. Look for Dem rejoicing throughout the land.
17 people like this.

Reply 3 - Posted by: DVC 4/2/2026 1:58:27 PM (No. 2088025)
But will these justices agree? I wonder. Sadly, I think they may well bend to the winds of modern open borders suicide.
29 people like this.

Reply 4 - Posted by: czechlist 4/2/2026 2:52:55 PM (No. 2088060)
The timing of the passage alone indicates purpose for the 14thA was to address the citizenship of the children of slaves and American Indians.
34 people like this.

Reply 5 - Posted by: Starboard_side 4/2/2026 6:50:46 PM (No. 2088163)
Wondering if this case was cited in the arguments yesterday as SCOTUS. Certainly hope a number of law clerks are made aware of this decision and will help them in their opinion(s).
18 people like this.

Reply 6 - Posted by: Foghorn 4/3/2026 8:00:33 AM (No. 2088336)
Simple fact is it was written to allow children of blacks brought in for slavery should have rights to citizenship. That was the total sum of the current problem.
20 people like this.

Reply 7 - Posted by: MindMadeUp 4/3/2026 10:23:30 AM (No. 2088420)
I'm not real optimistic about this. The Libs on SCOTUS are activist judges, but Roberts and Barret are Status Quo judges. They like things just the way they are and frown on anything that might rock the boat.
8 people like this.

Reply 8 - Posted by: PrayerWarrior 4/3/2026 12:01:40 PM (No. 2088485)
We fear for our country if the Supreme Court rules against President Trump and illegals who have children here are automatic citizens. Then it's katy bar the door.
8 people like this.

Reply 9 - Posted by: czechlist 4/3/2026 3:09:21 PM (No. 2088549)
If I am not mistaken the case at hand regards whether the president can use executive orders to deny birthright citizenship of the children born of foreigners. Congress needs to clarify the 14th A.
2 people like this.

Reply 10 - Posted by: Felixed 4/3/2026 4:20:07 PM (No. 2088574)
#9, you are mistaken. But this "mistake" won't stop the SC from bastardizing the actual and true intent of the 14th Amendment if they choose to do so.. And as a patriot who was educated in a time when "Civics" was intentionally provided that the electorate might be informed of their country's Constitution, it is distressing to see so many think of our heritage as a "living" document... IOWs... meaning whatever the Hell one chooses for it to mean when ever the meaning suits them.
2 people like this.

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Experts say. On the Original Legal Meaning of “Subject to the Jurisdiction Thereof” – Reason. A Five-Word Enigma: ‘Subject to the Jurisdiction Thereof’ – WSJ. Why Trump’s Quest to Gut Birthright Citizenship Is Doomed – NY Mag. Experts. What would we do without them? Elk v. Wilkins quite clearly explained what ‘Subject to the Jurisdiction Thereof’ mean. whether an American Indian born on a reservation was a citizen. The Supreme Court decided he wasn’t because he wasn’t subject to the jurisdiction of the United States. That phrase in the 14th Amendment was to naturalize freed black slaves, not random foreigners.
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