[category Coddingtons Corner]
Posted by Ada Coddington
America’s decades-long practice of offering birthright citizenship to all comers rests on a false foundation.
Wong Kim Ark, 1904. (National Archives/Interim Archives/Getty Images)
Overturning Roe seemed like a pipe dream until it finally happened. Now that the worst modern legal precedent is gone,we asked TAC contributors: Which bad decision should the Supreme Court overturn next?
Awidespread, but erroneous, misconception is that the Supreme Court’s decision in United States v. Wong Kim Ark (1898) authoritatively interprets the 14th Amendment as requiring birthright citizenship.
This is wrong on a number of levels. First, the Court has never ruled on the status of birthright citizenship—not in Wong Kim Ark nor anywhere else. Second, it could not do so “authoritatively” because to interpret the 14th Amendment as requiring birthright citizenship is inherently erroneous. Third, and most important for our present discussion, even the limited scope of that decision was wrongly decided.
R3publicans: https://R3publican.Wordpress.Com [End]