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In this The American Spectator article, Shmuel Klatzkin argues that birthright citizenship cannot survive where the rule of law has collapsed, critiquing the Supreme Court’s recent decision affirming it for children of illegal immigrants.
- Chief Justice Roberts’ majority opinion rooted birthright citizenship in English Common Law from Calvin’s Case (1608), arguing anyone born under sovereign protection owes allegiance.
- Justice Thomas dissented, noting the feudal concept of subjecthood differs from republican citizenship where sovereignty belongs to the people.
- The decision elides the distinction between subject and citizen, treating the Fourteenth Amendment through a Common Law lens despite America’s rejection of feudalism.
- If sovereign law doesn’t hold due to collapsed borders and rule of law, birth on U.S. soil brings no automatic benefit from that law.
- The ruling highlights tensions between original intent, Common Law precedent, and modern immigration realities.
Read the full story:
https://spectator.org/birthright-citizenship-and-the-rule-of-law/
