Regarding Mike Ramsey’s discussion of statutory birthright citizenship and the naturalization clause, I would just like to mention this provision of federal law:
Except as otherwise provided in this title, no person shall be naturalized unless he has been lawfully admitted to the United States for permanent residence in accordance with all applicable provisions of this Act.
This blockquote is from Section 318 of the Immigration and Nationality Act (INA), codified with slight changes at 8 U.S.C. § 1429.
I don’t think there is any reason to stretch or twist federal statutes to avoid addressing the constitutional question, especially since the validity of federal statutes is not being drawn into question.
It is fairly obvious that the phrase “subject to the jurisdiction thereof” in the INA was meant to enforce the 14th Amendment, not meant to implement the Naturalization Clause. So Mike’s law review article remains very relevant (and so does mine).
Posted at 8:02 AM