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Why Birthright Citizenship Is a Legislative Matter—Not Judicial or Executive

By Michael Taylor | ThaWilsonBlock Magazine The question of who qualifies for American citizenship is not just a moral or political debate — it is a constitutional one. For over a century, courts and executive agencies have applied birthright citizenship in a way that defies the intent of the 14th Amendment and undermines Congress’s constitutional authority. This practice, particularly as it applies to children born to undocumented immigrants, raises a serious challenge: > Can individuals derive irrevocable constitutional benefits from ongoing unlawful presence? And if not, why has the judiciary allowed it? This question strikes at the heart of the rule of law. The answer lies in decades of misinterpretation, judicial drift, and administrative neglect. The issue is not emotional. It is structural. And it belongs squarely with Congress, not the courts or the White House. --- 🔎 The 14th Amendment’s Soft Spot: Jurisdiction The 14th Amendment states: > “All persons born ...

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