the gist, as I understand, is that the argument that was presented is basically “the purpose of the 14th amendment was only to grant citizenship to newly freed slaves; children of parents who do not intend to permanently live in the US, or who still feel allegiance to a foreign country, are not intended to be included.” Barrett’s response was essentially “your argument is self-contradictory. many parents of newly freed slaves did not feel allegiance to the US and wished to return to the countries that they or their ancestors were taken from against their will. the amendment cannot have been intended to both include and exclude their children.”
Sauer claims that the birthright citizenship should only apply to people born here who intend to stay, and have no foreign allegiances. He justified that by saying the history of birthright citizenship is specifically to help newly freed slaves after the US civil war, and should not apply to children of illegal immigrants.
Barret noted that most slaves were trafficked here against their will, and undoubtedly some of them wanted to go back to their home, or were still allegiant to their home country. So, Sauer’s test of whether someone is domiciled and has no foreign allegiances would preclude a sizeable amount of freed slaves. Therefore, his test is ahistorical, because in fact all slaces received citizenship regardless of their allegiance or willingness to stay.
The article claims the case will be won 7-2 in favor of birthright citizenship without any loyalty test.
So what’s the TLDR? This is paywalled for me.
the gist, as I understand, is that the argument that was presented is basically “the purpose of the 14th amendment was only to grant citizenship to newly freed slaves; children of parents who do not intend to permanently live in the US, or who still feel allegiance to a foreign country, are not intended to be included.” Barrett’s response was essentially “your argument is self-contradictory. many parents of newly freed slaves did not feel allegiance to the US and wished to return to the countries that they or their ancestors were taken from against their will. the amendment cannot have been intended to both include and exclude their children.”
Sauer claims that the birthright citizenship should only apply to people born here who intend to stay, and have no foreign allegiances. He justified that by saying the history of birthright citizenship is specifically to help newly freed slaves after the US civil war, and should not apply to children of illegal immigrants.
Barret noted that most slaves were trafficked here against their will, and undoubtedly some of them wanted to go back to their home, or were still allegiant to their home country. So, Sauer’s test of whether someone is domiciled and has no foreign allegiances would preclude a sizeable amount of freed slaves. Therefore, his test is ahistorical, because in fact all slaces received citizenship regardless of their allegiance or willingness to stay.
The article claims the case will be won 7-2 in favor of birthright citizenship without any loyalty test.
Who are the two dissenters?
/s