The U.S. Supreme Court has ruled several times that the
14th Amendment does not grant birthright citizenship. The 14th Amendment’s citizenship clause was written to establish citizenship for the slaves freed after the Civil War. The amendment was passed to counter the Dred Scott decision, which
explicitly held that black slaves were not citizens.
That’s why, for example, the children of diplomats and foreign ministers
are not granted citizenship on the basis of being born here. Only since 1982
has there been a claim that birth inside the country automatically conferred birthright.
The source for this idea was a footnote to a decision written by Justice
William Brennan. The claim is not Constitutional, and it has not been supported
by the Supreme Court.
Here
are a few examples of relevant Supreme Court cases.
Supreme
Court opinion in the Slaughterhouse cases (1873)
"No
one can fail to be impressed with the one pervading purpose found in (the 13th,
14th and 15th Amendments), lying at the foundation of each, and without which
none of them would have been even suggested; we mean the freedom of the slave
race, the security and firm establishment of that freedom, and the protection
of the newly-made freeman and citizen from the oppressions of those who had
formerly exercised unlimited dominion over him."
Supreme
Court opinion in Ex Parte Virginia (1879)
"[The
14th Amendment was] primarily designed to give freedom to persons of the
African race, prevent their future enslavement, make them citizens, prevent
discriminating State legislation against their rights as freemen, and secure to
them the ballot."
Supreme
Court opinion in Strauder v. West Virginia (1880)
"The
14th Amendment was framed and adopted ... to assure to the colored race the
enjoyment of all the civil rights that, under the law, are enjoyed by white
persons, and to give to that race the protection of the general government in
that enjoyment whenever it should be denied by the States."
Supreme
Court opinion in Neal v. Delaware (1880)
"The
right secured to the colored man under the 14th Amendment and the civil rights
laws is that he shall not be discriminated against solely on account of his
race or color."
Supreme
Court opinion in Elk v. Wilkins (1884)
John
Elk was a Native American who argued that he was a citizen in light of the 14th
Amendment.
The
Supreme Court ruled that the 14th amendment did not grant Indians citizenship,
saying, "The main object of the opening sentence of the 14th Amendment was
to settle the question, upon which there had been a difference of opinion
throughout the country and in this court, as to the citizenship of free negroes
and to put it beyond doubt that all persons, white or black, and whether
formerly slaves or not, born or naturalized in the United States, and owing no
allegiance to any alien power, should be citizens of the United States and of
the state in which they reside...The evident meaning of (the words, "and
subject to the jurisdiction thereof") is, not merely subject in some
respect or degree to the jurisdiction of the United States, but completely
subject to their political jurisdiction, and owing them direct and immediate
allegiance...Persons not thus subject to the jurisdiction of the United States
at the time of birth cannot become so afterward, except by being naturalized...no
one can become a citizen of a nation without its consent..."
Indians
did not become citizens until passage of the Indian Citizenship Act of 1924.