Amicus brief argues Birthright Citizenship rests on full allegiance, not mere presence on U.S. soil

Claremont_logo ([link removed] )

Dear Friend,

The Claremont Institute’s Center for Constitutional Jurisprudence, led by Dr. John Eastman, submitted an amicus curiae brief to the Supreme Court in support of President Trump’s executive order, Protecting the Meaning and Value of American Citizenship ([link removed] ) , and related legal challenges disputing an expansive interpretation of the Fourteenth Amendment’s Birthright Citizenship Clause.

Three separate activist judges have blocked this lawful executive order, their rulings resting on the premise that children born in the United States to parents here only temporarily or unlawfully are automatic citizens.

Our brief demonstrates that the Fourteenth Amendment was understood to grant citizenship only to those born in America that are “subject to the jurisdiction thereof,” requiring “complete” allegiance to this country, not to the children of foreign nationals passing through or living here without proper authorization.

The amicus brief traces the historical and constitutional record, showing that:

- American Revolution-Era history confirms that American citizenship was founded on consent and allegiance, not on feudal birthright subjectship.

- Reconstruction-Era debates and the Civil Rights Act of 1866, both of which tied birthright citizenship to full political allegiance.

- Early Supreme Court decisions, including Elk v. Wilkins (1884), recognized that those owing allegiance to another power—including Native American tribes—fell outside the Clause’s protections.

- Congressional practice, such as the 1924 Indian Citizenship Act, which granted citizenship by statute to Native Americans precisely because the Fourteenth Amendment had not done so.

The notion that foreign nationals can secure American citizenship for their children merely by being present on U.S. soil—lawfully or unlawfully—has no basis in the text, history, or original understanding of the Fourteenth Amendment.

Support Our Work
([link removed] )

The Claremont Institute is proud to advance a constitutional understanding of citizenship—one based on consent, allegiance, and a nation's sovereign right to define its own political community.

Thank you for standing with us,

Ryan Williams

President, The Claremont Institute

About ([link removed] ) Magazine ([link removed] ) Fellowships ([link removed] ) CCJ ([link removed] ) Events ([link removed] ) Donate ([link removed] )

The mission of the Claremont Institute is to restore the principles of the American Founding to their rightful, preeminent authority in our national life.

Facebook ([link removed] )

X ([link removed] )

YouTube ([link removed] )

The Claremont Institute | P.O. Box 39 | Claremont, CA 91711

You received this email because you are subscribed to Claremont Institute News from The Claremont Institute.

Update your email preferences ([link removed] ) to choose the types of emails you receive.