On the recordJanuary 8, 2025
I spoke on the Senate floor on December 11 about birthright citizenship--the guarantee contained in the 14th Amendment to the U.S. Constitution that all persons born in the United States and subject to the jurisdiction thereof are deemed citizens. I reviewed the legal history of this provision, the legal guarantee designed to erase the horrible legacy of slavery that had been embodied in the Dred Scott v. Sandford decision. It was a desire to correct that decision that led to the inclusion of this definition of citizenship in the 14th Amendment. I also rebutted, during that speech, too, common misconceptions: first, that children born in the United States to parents from other countries are not subject to the jurisdiction of the United States-- that has been ruled false by the Supreme Court since the late 1890s-- and, second, a claim often made by the President-elect that the United States is unique in the world in guaranteeing citizenship to all who are born within this country. Indeed, as I will discuss in a few minutes, the United States did, in fact, lead the way in guaranteeing birthright citizenship in the 1860s, but in doing so, it has led to a global movement that many other countries have decided to embrace. I believe the constitutional basis for birthright citizenship is clear, and those challenging the notion are mounting an argument with no legal basis.…





