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Jacob Howard, Author of 14th Amendment Agrees: No Birthright Citizenship

Jacob Howard 14th Amendment author


Birthright Citizenship and the 14th Amendment

The debate is raging hot through the political circles right now: Can President Trump end birthright citizenship via executive order? You may be asking, “What is birthright citizenship?” Birthright citizenship is a legal right to citizenship for all children born within a country regardless of the citizenship of the child’s parents. Basically, it allows for illegal aliens to get within the borders of the United States, have a baby, and the child becomes a U.S. citizen at birth, despite the status of the parents. That is precisely what President Trump (and many other conservatives) would like to put an end to.

The 14th Amendment is the Constitutional amendment used to defend such a practice. The portion of the amendment applicable to this discussion reads: “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.” Seems like a slam dunk case for those defending birthright citizenship and those that stick to an ‘originalist’ take on the Constitution. However, additional writings from those who wrote the Constitution (and the amendments of it) give us insight into what they were intending with such documents. Enter Senator Jacob Howard circa 1866.

The 14th Amendment was Never Intended to Include Illegal Immigrants

Senator Jacob Howard of Michigan was one of the men responsible for the addition of the 14th Amendment to the Constitution. Interestingly, he was very clear as to what that specific portion of the amendment listed above was supposed to entail. He gave this statement in that regard: “Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.” So if one of the drafters of this amendment is to be believed, illegal immigrants should have no claim to citizenship simply due to the act of being born on our soil.

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Does President Trump Have the Authority to Stop Birthright Citizenship Through Executive Order?

The short answer is, maybe. The Supreme Court has never ruled on this specific occurence directly. President Trump is well within his power to make the executive order, but it will most certainly be challenged legally and will eventually make its way to the highest court in the land. It will then be up to the Supreme Court’s now conservative majority to hash out the true meaning of the 14th amendment and whether it solidifies birthright citizenship or not. Due to the wording of the amendment, they may very well side with those who oppose President Trump’s executive order. However, that does not mean that the intent of the amendment was to allow birthright citizenship. The words of those who were central to its creation tell us otherwise. Even if the Supreme Court decides that such a move requires an amendment to achieve, it is imperative that conservatives and the GOP continue to fight to end birthright citizenship. Push for the amendment. It’s the right thing to do. End birthright citizenship.



Bradley Brewer / Senior Contributor
Bradley Brewer is a pro-life Christian, conservative writer and citizen journalist. He supports the Constitution as it is written and defends his right to bear arms. In his spare time, he "tries" to play golf.
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  1. seems cut and dried to me with the senator weighing in on it...

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  2. The issue of birthright citizenship has been challenged before SCOTUS, their answer could not be more clear.

    In 1884, 16 years after the 14th A was ratified, John Elk, an American Indian, took his claim before SCOTUS in Elk vs Wilkins. Elk lost his case. It was not until 1924 that American Indians were granted citizenship via the Indian Citizenship Act, 56 years after the 14th A was ratified.
    It took a special act of congress to afford citizenship to Native Americans.
    The words, "subject to the jurisdiction thereof," is actually meaningless. EVERY person in America, citizen or tourist, is subject to our laws or jurisdiction. A non citizen tourist is no more permitted to commit a crime as any citizen.

    The 14th Amendment has been intentionally misinterpreted by Dems/Leftists and DC Elitists for many decades. It is TIME their perverting of this amendment be brought to a full stop.

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    1. As an aside, the president has within his authority to allow, or disallow, entry into the United States at his pleasure. President Trump can throw the hammer down on this effective immediately. However, as with any other Exec order or memorandum, that decision lasts as long as his tenure in office.
      So yes, it will be challenged in the courts and find it's way before SCOTUS. They will HOPEFULLY keep with the precedence set with Elk vs Wilkins. Meanwhile, WE NEED MORE good conservatives in congress to pass an actual LAW prohibiting the gaming of our system for birthright citizenship... INCLUDING the newer gig, "Maternity Citizenship." People are making a fortune with this insidious business.
      Meanwhile, the numbers of illegals here? Grossly perverted by both the MSM and politicians. The number of 11 million has been used since approx. 1998, long before many millions poured through our border.
      There ARE between 30-35 MILLION illegals here now and it is costing us EASILY in excess of a trillion every year...not to mention the cost of human lives via horrendous violence and the more than a dozen deadly diseases they bring with them.
      There are now 17 Leprosy clinics in 12 states in America. All those, "child flu deaths," it's NOT the flu, it IS EV-D68, a virus common in Latin America, previously rare here.

      MILLIONS of American children have been exposed to EV-D68 along with Chagas disease, HIV, resistant TB, Hepatitis A-E, Dengue Fever, Meningitis, Coccidiodomycosis MRSA and nearly every outbreak of Measles, Mumps, Chicken pox... to name a few.

      AND YES, AMERICAN CHILDREN HAVE DIED, MANY have died. Those children who survived EV-D68 are left permanently disabled.(the "mysterious" polio like flu... no mystery, the CDC has long known exactly what it is but ALL kept on the down low)

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