Some Family And Immigration Law Questions About Birthright Citizenship
One virtue of birthright citizenship is simplicity. A child born in the United State is a citizen, and the government does not need to make any inquiries about either parent.
But let’s assume, for argument’s sake, that the Constitution does not provide for birthright citizenship in all cases. A host of questions would be raised that do not have simple answers.
First, let’s start with a question under current law. The example that everyone seems to agree with is that the child of an ambassador is not a birthright citizen. The answer is a simple no, right? Not so fast. What happens if an ambassador has a child with a U.S. citizen? Would that child then be a citizen? In other words, does the “exception” to birthright citizenship only apply if both the father and mother were part of a diplomatic mission from abroad?
During debates over the Fourteenth Amendment, the status of diplomats was often discussed. But I suspect it was assumed that an ambassador would be married, if at all, to a woman from his home country. Many states had prohibitions on miscegenation, which would further restrict the ability of some ambassador to marry American women. Certainly diplomats have fathered children with American women over the years. Were those kids citizens at birth? A child born to an unmarried couple would generally be considered illegitimate, or a bastard. Would a bastard receive birthright citizenship if his mother was a cit
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
