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Reason
Reason
Politics
Keith E. Whittington

More on Birthright Citizenship and Intellectual Diversity Mandates

I have two articles just released in their final form.

One, with James Heilpern, examines how "subject to the jurisdiction" was used in legal texts in the United States through the adoption of the Fourteenth Amendment. Making use of treaties, statutes, congressional debates, and judicial opinions, the article considers whether that language, which was used in the Fourteenth Amendment's citizenship clause, had an established legal meaning that would have been known to the legal community in 1868. If so, what might that meaning be?

From the conclusion of that article:

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