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David Wolosik's avatar

Great Abigail. An explanation that would also be excellent for someone not familiar.

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ABIGAIL REPORTS's avatar

NYT opinion piece concedes 'Trump might have a case on birthright citizenship'

https://www.foxnews.com/media/nyt-opinion-piece-concedes-trump-might-have-case-birthright-citizenship READ REST

After explaining the historical and legal history behind birthright citizenship, including the text of the 14th Amendment which states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside," Barnett and Wurman tackled the issue of children of parents who are "present in the United States illegally."

"Has a citizen of another country who violated the laws of this country to gain entry and unlawfully remain here pledged obedience to the laws in exchange for the protection and benefit of those laws?" the professors asked.

"Clearly, the parents are not enemies in the sense of an invading army, but they did not come in amity," Barnett and Wurman wrote, referencing legal definitions of citizenship. "They gave no obedience or allegiance to the country when they entered — one cannot give allegiance and promise to be bound by the laws through an act of defiance of those laws."

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