Podcast: Play in new window | Download
Subscribe: Apple Podcasts | RSS
Birthright citizenship and the 14th Amendment have been in the news recently. President Trump does not believe birthright citizenship is required by the 14th Amendment. The U.S. Supreme Court discussed the issue in some detail in an 1898 case, U.S. v. Wong Kim Ark.
Wong was the son of Chinese parents who were in the U.S. as laborers. He was born in California. His parents eventually returned to China. He went to visit them and upon his return to the U.S. he was not admitted on the grounds he was not a citizen. He argued his birth in the country made him a U.S. citizen. The Supreme Court discussed the issue at length and ruled in his favor. We cover the issues presented and how they might apply today.
The case itself: U.S. v. Wong Kim Ark (1898)
Andrew McCarthy at the National Review says the case was wrongly decided: The 14th Amendment Does Not Mandate Birthright Citizenship
The Law with D.K. Williams Facebook page
Follow The Law with D.K. Williams on Twitter @TheLawDKW