Birthright Citizenship: An Important Note

I was asked if anything in the Constitution supports either the jus soli or jus sanguinis interpretation. The answer is not directly. But, if the Court rules narrowly to define those “subject to the jurisdiction” of the United States, it would seem take in not only children of non-citizen immigrants but also those with dual citizenship, including many prominent American Jews, some extremely right-wing, such as real estate developer Adam Milstein, who also sits on AIPAC’s board. They have chosen to place themselves, at least partially, under the jurisdiction of a foreign nation. It is difficult to see how the Court could rule for one and not the other—although with this Court nothing is certain. Still, I am confident that the Trump administration would not be pleased to have this application of his executive order get around.