The Myth of Birthright Citizenship

This book argues that the common view that birthright citizenship is required by the plaining meaning of the citizenship is profoundly wrong. People must be "subject to the jurisdiction of the state" which means that they offer loyalty in exchange for protection. Simple birth by an alien in the country does not create citizenship but only allows for their naturalized tied to their parents. The uniform evidence for this position comes from a close textual analysis, a study of the overlooked naturalization acts from 1790 t0 1870, the mixed reception of English practice in America after the revolutionary war, and the case law and institutional practices both before and after the civil war. The book also examines the evolution of constitutional doctrine as seen through the birthright citizenship debate