Jake Starkey
Verified User
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The law was not applied from the beginning in the way Trump's lawyers argue it now. The president has asked the U.S. Supreme Court to restore “the original meaning” of the 14th Amendment, which his lawyers argued in a brief meant that “children of temporary visitors and illegal aliens are not U.S. citizens by birth," but new research raises questions about what lawmakers intended the amendment to do, reported the New York Times.
The interpretation and following of the 14th Amendment from the beginning did not follow Trump's reasoning. For instance, the Congress did not challenge those seated including a number of former representatives from Confederate states who served in the Confederate government, including a Vice President(!). They were de facto stripped of their citizenship, and even if it was restored, they had not technically been citizens for the requisite number of years. But Congress chose to use the language of the 14th Amendment, citing their birthright citizenship.
A new study will be published next month in The Georgetown Law Journal Online examining the backgrounds of the 584 members who served in Congress from 1865 to 1871. That research found more than a dozen of them might not have been citizens under Trump’s interpretation of the 14th Amendment, but no one challenged their qualifications.
The 14th Amendment states that "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," while the Constitution requires members of the House of Representatives to have been citizens for at least seven years, and senators for at least nine.
“If there had been an original understanding that tracked the Trump administration’s executive order,” Frost told Liptak, “at least some of these people would have been challenged.”
SCOTUS would have to abandon "originalism" to rule in favor of Trump's order.
The law was not applied from the beginning in the way Trump's lawyers argue it now. The president has asked the U.S. Supreme Court to restore “the original meaning” of the 14th Amendment, which his lawyers argued in a brief meant that “children of temporary visitors and illegal aliens are not U.S. citizens by birth," but new research raises questions about what lawmakers intended the amendment to do, reported the New York Times.
The interpretation and following of the 14th Amendment from the beginning did not follow Trump's reasoning. For instance, the Congress did not challenge those seated including a number of former representatives from Confederate states who served in the Confederate government, including a Vice President(!). They were de facto stripped of their citizenship, and even if it was restored, they had not technically been citizens for the requisite number of years. But Congress chose to use the language of the 14th Amendment, citing their birthright citizenship.
A new study will be published next month in The Georgetown Law Journal Online examining the backgrounds of the 584 members who served in Congress from 1865 to 1871. That research found more than a dozen of them might not have been citizens under Trump’s interpretation of the 14th Amendment, but no one challenged their qualifications.
The 14th Amendment states that "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," while the Constitution requires members of the House of Representatives to have been citizens for at least seven years, and senators for at least nine.
“If there had been an original understanding that tracked the Trump administration’s executive order,” Frost told Liptak, “at least some of these people would have been challenged.”
SCOTUS would have to abandon "originalism" to rule in favor of Trump's order.
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