Wednesday, October 29, 2025

Birthright Citizenship: Reaching back into legal history. Blackstone edition...

This recent scholarship on the issue of Birthright Citizenship is worth a read if you are interested in the topic.  It errs (with historical evidence) on the side that Birthright Citizenship is a thing and is both explicit/implied (both can be true) in the 14th Amendment.

Source:  Divided Argument

Without Domicile or Allegiance: Gypsies and Birthright Citizenship, by Gerard Magliocca: “This Essay argues that the invocations of gypsies (or Roma) during the debates on the Civil Rights Act of 1866 and the Citizenship Clause of the Fourteenth Amendment drew on Blackstone’s discussion of them in his Commentaries and means that legal immigration status, domicile, and allegiance are not requirements for birth citizenship in the United States.” Another important entry in defense of the (correct) conventional wisdom on birthright citizenship.


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