Category: 14th Amendment
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Revisiting the Birthright Citizenship and nbC Issues
by Joseph DeMaio, ©2026 (Jan. 26, 2026) — INTRODUCTION As dedicated P&E readers are well aware, there is now pending in the Supreme Court the case of Trump v. Barbara. The case involves a challenge to President Trump’s Executive Order 14160 regarding the meaning of “birthright citizenship” under the 14th Amendment. Following a post by…
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Of Birthright Citizenship; 47’s Certiorari Petitions; the Tennessee Amicus Curiae Briefs; and the nbC Issue
by Joseph DeMaio, ©2025 (Oct. 26, 2025) — INTRODUCTION Well, well, well… some sanity and rational thought may at last be seeping into the question and analysis of the so-called “birthright citizenship” issue under the 14th Amendment. As discussed by your humble servant earlier this year here, the 14th Amendment birthright citizenship issue is different,…
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The Simmering nbC Issue
by Joseph DeMaio, ©2025 (Sep. 12, 2025) — Introduction As the “birthright citizenship” issue strolls its way through the lower federal courts, its related “kissing cousin” issue – the “natural born Citizen” (“nbC”) presidential eligibility restriction – remains on a back burner, simmering in a pot of widespread electorate, academic and media indifference. Happily, one…
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“Birthright Citizenship” of Child of Foreign Diplomat Revoked
by Sharon Rondeau, h/t CDR Charles F. Kerchner, Jr. (Ret), blogging at cdrkerchner, ©2025 (Sep. 6, 2025) — In a striking opinion issued last month, a three-judge panel of the Ninth Circuit Court of Appeals affirmed a lower court’s opinion that now 75-year-old Roberto Moncada, though born in the United States, should not have been…
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The Jurisprudence of Birthright Citizenship
by Leonard Daneman, blogging at Paraleaglenm, ©2025 (Aug. 9, 2025) — Birthright Citizenship came out of gross violations of jurisprudence, causing Conflicts of Law and de facto, unconstitutional, ‘revisions’ to the 14th Amendment and Article II of the Constitution Forward: Birthright Citizenship is generally understood to be a constitutional right. WRONG! It was created, unconstitutionally, by…
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Do Illegal Aliens Have US Constitutional Rights?
by John Bernard, ©2025 (Jul. 9, 2025) — The Deconstructionist’s insistence that the 14th Amendment extends to those whose first act here was to breach the border illegally effectively nullifies any argument for a border, much less border security. It is interesting that they fight to extend to and even force upon Illegal Aliens our Constitution’s…
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The CASA Decision
by Joseph DeMaio, ©2025 (Jun. 28, 2025) — Introduction Well, whatta ya know? A semblance of rational thought may be returning to the Supreme Court. The Court has now held, in a split 6-3 decision, with Justice Barrett authoring the majority opinion, that President Trump is entitled to several “stay” orders blocking application of lower…
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Additional Thoughts on Gray’s Anomaly
by Joseph DeMaio, ©2025 (Jun. 5, 2025) — As the Republic awaits a decision from the Supreme Court on the 14th Amendment “birthright citizenship” issue, where President Trump seeks a stay on several “nationwide injunctions” entered by lower district court trial judges (USSC Docket Nos. 24A884; 24A885 and 24A886) – said injunctions, in your humble…
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To Help Solve the Birthright Citizenship Abuse Issue, We Will Need Better Birth Certificate Data Going Forward
by CDR Charles F. Kerchner, Jr. (Ret), blogging at cdrkerchner, ©2025 (May 23, 2025) — A major MAGA populism 80-20 common sense issue is the issue of stopping the “Birthright Citizenship” abuse. Regarding the U.S.” birthright citizenship” abuse issue, I tweeted this out today to some key people. All reading this should retweet it or…
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Oral Argument on Nationwide Injunctions, “Birthright Citizenship” EO
by Sharon Rondeau (May 15, 2025) — At approximately 10:38 a.m. EDT, this writer was able to access audio of oral arguments being presented in three cases challenging President Trump’s executive order expressing his interpretation of “birthright citizenship” as excluding children born in the U.S. to illegal aliens or to individuals sojourning within its borders.…
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Does Gray’s Anomaly Matter?
by Joseph DeMaio, ©2025 (May 9, 2025) — Introduction In the continuing saga of the impact (or, for anomaly-deniers) the purported immateriality of Associate Supreme Court Justice Horace Gray’s “Anomaly,” addressed here, a few fathoms in a deeper dive into the issue may help. This dive may have more relevance to the “natural born Citizen”…
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“Birthright Citizenship” and the Amicus Curiae
by Joseph DeMaio, ©2025 (May 2, 2025) — Introduction In the law, there is a term known as amicus curiae. In English, the term translates from Latin to mean a “friend of the court.” Normally, the term refers to a legal brief prepared by people or organizations other than the actual party-litigants and purporting to…
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SCOTUS to Hear Oral Argument on Nationwide Injunctions, “Birthright Citizenship” May 15
by Sharon Rondeau (Apr. 24, 2025) — On April 17, the U.S. Supreme Court announced its scheduling of oral argument for May 15 to resolve legal challenges to President Donald Trump‘s January 20, 2025 executive order rescinding the practice of awarding citizenship to virtually anyone born within the United States. Numerous cases filed just after…
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Wong Kim Ark and Gray’s Anomaly
by Joseph DeMaio, ©2025 (Apr. 23, 2025) — Introduction Following President Trump’s issuance of Executive Order 14160 challenging the generally-accepted current “birthright citizenship” narrative under the Fourteenth Amendment, several individuals and a number of States, unsurprisingly, filed suit challenging the constitutionality of the order. Thereafter, various district and Circuit Courts of Appeal either entered (or…
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The Ballot Box: For Citizens Only, Please
by Dominic Rapini, American Businessman and Political Commentator, ©2025 (Mar. 21, 2025) — In the grand theater of democracy, the right to vote is the star of the show—a privilege earned by those who pledge allegiance to the nation. Yet, a curious subplot has emerged: the push to extend voting rights to non-citizens. While inclusivity…
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“Birthright Citizenship” Hearing Tuesday Afternoon
by Sharon Rondeau (Feb. 25, 2025) — 2:04 p.m. EST – At any moment, the House Judiciary Subcommittee on the Constitution and Limited Government will convene a hearing titled, “‘Subject to the Jurisdiction Thereof’: Birthright Citizenship and the Fourteenth Amendment.” The hearing follows President Donald Trump’s executive order, signed his first day in office, halting…
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Birthright Citizenship — President Trump and the Constitution Versus the Supreme Court
by Leonard Daneman, paraleaglenm, ©2025 (Jan. 23, 2025) — QUESTION: Is Birthright Citizenship granted to all children born on U.S. soil controlled by ‘common law,’ or ‘statutes and the constitution.’ Do you recall the advertising for CERTS, ‘Is it a Breath Mint, or a Candy Mint?’ This is the sort of question that vexes the United…
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Levin: “Birthright Citizenship” Adopted for Political Power
by Sharon Rondeau, h/t GW (Dec. 15, 2024) — On Saturday’s edition of “Life, Liberty & Levin,” host Mark Levin’s opening monologue immediately focused on immigration and “national identity,” quoting from works by political scientist and Pres. Jimmy Carter adviser Samuel P. Huntington and historian and JFK presidential adviser Arthur M. Schlesinger, Jr. “In a…
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“Eligibility” Censorship on Full Display at YouTube
by Sharon Rondeau (Aug. 16, 2024) — On or about August 4, 2024, Zach DeGregorio, host of the program, “Wolves and Finance,” uploaded a video to his YouTube channel titled, “Who is Kamala Harris?” which, among other things, questioned whether Harris is a “natural born Citizen” as required by the U.S. Constitution for the president…
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‘Citizen at Birth’ Term vs ‘natural born Citizen’ Term: Grammatical and Logical Analysis
by CDR Charles F. Kerchner, Jr. (Ret), blogging at cdrkerchner, ©2024 (Aug. 9, 2024) — First, let us put on our thinking hat and do some simple grammatical analysis of the two terms ‘Citizen at Birth’ (“CAB”) and ‘natural born Citizen’ (“nbC”). The first term, “CAB”, tells the reader simply WHEN the person became a…