Subject to the Jurisdiction Thereof: Reclaiming the Original Meaning of Birthright Citizenship

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Abstract

This paper examines the constitutional basis and original meaning of the Fourteenth Amendment’s Citizenship Clause, arguing that the framers intended a more limited application of birthright citizenship tied to full political allegiance. Drawing on historical debates, judicial precedents, and modern immigration challenges, it contends that current doctrine exceeds the Amendment’s original public meaning and proposes a principled framework for recalibrating citizenship consistent with constitutional fidelity.

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