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House Judiciary Subcommittee Hears Competing Legal Views on Birthright Citizenship

2396950 · February 26, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

A House Judiciary Subcommittee on the Constitution hearing featured sharply divided legal testimony on whether the Fourteenth Amendment grants automatic U.S. citizenship to all persons born on U.S. soil or whether the amendment’s jurisdiction clause limits citizenship to children of parents who owe exclusive allegiance to the United States.

A House Judiciary Subcommittee on the Constitution hearing on birthright citizenship featured sharply divided legal views on whether the Fourteenth Amendment’s phrase “subject to the jurisdiction thereof” limits citizenship at birth to children whose parents owe exclusive allegiance to the United States, or whether the clause’s plain text grants citizenship to anyone born on U.S. soil.

Chairman Roy convened the hearing and said the committee would examine the original public meaning of the jurisdiction clause. Ranking Member Scanlon disputed that approach, saying the clause’s plain text and longstanding precedent support birthright citizenship.

The panel of legal witnesses split along clear lines. Charles Cooper, chairman and founding partner of Cooper & Kirk PLLC, argued that the jurisdiction clause requires “complete” political allegiance and therefore excludes children born to parents who lack a permanent, lawful domicile in the United States. Cooper…

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