This. I've seen folks try to argue that the 14th amendment doesn't include children of non-citizens (based upon the "...subject to the jurisdiction thereof..." clause), but I don't buy it, except in the case of diplomats and foreign combatants. But, given the case law up this point, and in order to not disturb folks who came here before Biden opened the borders, I think I would word the amendment so that a person born after January 1, 2020, in order to be a citizen of the United States, must be the child of a US citizen or must be naturalized.olarmy96 said:
I highly doubt the Supreme Court would overturn birthright citizenship, since Roberts seems to consider the practical viability of his decisions regardless of the Constitution.
To me, the solution would be an amendment that changes the definition of a citizen to be those born with at least one parent who is a citizen.
I don't think it's right for parents that willfully violate the sovereignty of the USA to be rewarded with citizenship for their children, but I just don't see the Court fixing the problem.
Maybe the amendment could include that apportionment is only based on citizens and not total persons as well.
Given how divided things seem these days, is it even possible to ratify an amendment by the vote of 38 states?