The 14th Amendment to the U.S. Constitution contains the citizenship clause, which contains the protection of “birthright citizenship.” This clause has generally been settled law for most of its history, since the US Supreme Court decided US v. Wong Kim Ark (1898). Recently, legal theorists have begun to question the meaning of the clause the Court adopted in Wong Kim Ark, advocating for a narrowing of the citizenship clause and birthright citizenship. This academic debate is also reflected in contemporary political discussion, both from executive action and legislative proposals. This research aims to understand the debate over the meaning of the citizenship clause and understand how the Supreme Court should rule on what the citizenship clause means currently. The debate will be contextualized with a view of birthright citizenship before the 14th Amendment was ratified, and the development of understanding after ratification.
