When I began writing this weekly column for the Carrier 22+ years ago, one of my goals was to tackle Constitutional issues to better inform our readers. It was an acknowledgment that Madison was named for James Madison, the “Father of the Constitution.” In keeping with that goal, I’ll address the issue of “birthright citizenship” covered in the first clause of the 14th Amendment. President Trump has signed an executive order to end birthright citizenship, and a bill has been introduced into Congress to parallel the executive order.
Let’s review some history. At the end of the American Civil War, the 11 former Confederate states were excluded from the Congress by nature of their voluntary secession until they made the proper overtures to rejoin the Union. The Republicans who ran Congress introduced three Amendments to the United States Constitution. Amendments 13 and 15 were short, and ended slavery plus protected voting rights. The 14th amendment was more complicated. Its’ first task was to make the children of former slaves citizens of the United States. Thus, the opening (section 1) of the amendment, which was ratified in 1868, 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.”