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Trump case on birthright citizenship relies on 1880 ruling involving a Native American

Chris Graham
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Photo: © SeanPavonePhoto/stock.adobe.com

To understand the Trump regime’s position on birthright citizenship, you need to know this: the case rests on an 1880 U.S. Supreme Court ruling holding that Native Americans can’t register to vote because they’re not American citizens.

Since 1924, federal law recognizes Native Americans as American citizens.

This is literally the straw that they have in their grasp trying to strip citizenship from millions of Americans.


ICYMI


jay jones
Photo: Jay Jones for Attorney General

“The president’s executive order redefining birthright citizenship violates our Constitution, federal statutes, and the rule that has governed our nation since we eradicated slavery over 150 years ago,” said Virginia Attorney General Jay Jones, in a joint statement issued by 24 state AGs who are fighting the regime on the executive order signed by Trump on his first day in office last year.

“We are proud to fight against this unlawful order, and grateful for the injunctions that prevented this action from ever taking effect. We are optimistic the U.S. Supreme Court will agree with every judge to consider this executive order on the merits and hold that it violates this fundamental constitutional right,” the AGs said.

Optimistic is all they can conjure up?

The regime’s case, which is being heard today in the Supreme Court, is tenuous at best.

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Photo: © Andrea Izzotti/stock.adobe.com

The 14th Amendment, which states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States,” quite clearly protects birthright citizenship, and generations of jurists have upheld that view.

To have to cite an 1880 case involving a Native American tells you how far the oligarch class had to reach to find anything akin to a legal leg to stand on.

In so doing, they have to conveniently ignore a case decided in 1898 that established the precedent that anyone born in the U.S., regardless of their parent’s nationality or citizenship status, is automatically a citizen under the 14th Amendment.

“If you’re born in the United States, you are an American citizen. That’s a constitutional guarantee in the 14th Amendment and reaffirmed by court precedent, including U.S. v. Wong Kim Ark. Any attempts to strip citizenship from people born on U.S. soil are unconstitutional,” Northern Virginia Congressman Don Beyer said.

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Chris Graham

Chris Graham

Chris Graham is the founder and editor of Augusta Free Press. A 1994 alum of the University of Virginia, Chris is the author and co-author of seven books, including Poverty of Imagination, a memoir published in 2019. For his commentaries on news, sports and politics, go to his YouTube page, TikTok, BlueSky, or subscribe to Substack or his Street Knowledge podcast. Email Chris at [email protected].