Birthright Citizenship

I believe there is a way to resolve the Birthright Citizenship problem exacerbated by the recent opinion of the U.S. Supreme Court.  Section 1 of the Fourteenth Amendment of the United States Constitution begins with the following sentence.

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.

The Department of State should establish a rule or regulation to implement the citizenship privilege as required by the Fourteenth Amendment and in compliance with the recent Opinion of the Supreme Court (2026).  Below is suggested wording that includes a residency requirement.

The biological and genetic mother of any person born in the United States must be a U.S. citizen, or must qualify for permanent residency and subsequently establish legal residency in a State of the United States of America prior to giving birth to the child, as a necessary requirement for the child to be a natural born citizen of the United States as stipulated in Section 1 of the Fourteenth Amendment of the United States Constitution.

It appears to me the Supreme Court in their recent opinion ignored the residency requirement stated in the first sentence of Section 1 of the Fourteenth Amendment.  However, Justice Thomas in his dissent clearly explained domicile as a necessary condition, and residency is the way that domicile is established.   Implementing a rule that requires prior residency should comply with the Amendment and the recent SCOTUS opinion.  I’m sure that such a rule would be challenged, but perhaps that would get the issue back to the Supreme Court where second thoughts might prevail.

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About DocStephens

Retired college professor of science and mathematics, academic administrator, and president (emeritus).
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