Argument: Birthright citizenship is long-standing common law doctrine

Support

James C. Ho. “Defining ‘American’: Birthright Citizenship and the Original Understanding of the 14th Amendment.” Immigration Policy Center: “The Citizenship Clause was no legal innovation. It simply restored the longstanding English common law doctrine of jus soli, or citizenship by place of birth. Although the doctrine was initially embraced in early American jurisprudence, the U.S. Supreme Court abrogated jus soli in its infamous Dred Scott decision, denying birthright citizen ship to the descendents of slaves. Congress approved the Citizenship Clause to overrule Dred Scott and elevate jus soli to the status of constitutional law.”