30) Analysis of the big government policy of ""birthright citizenship"

 SPOTM Analysis of Birthright Citizenship

Verdict: Misaligned (in its current expansive form)

Automatic birthright citizenship — granting U.S. citizenship to anyone born on American soil regardless of their parents’ legal status — is misaligned with SPOTM principles when applied to children of illegal immigrants or temporary visitors. While the policy has historical roots, its modern application undermines national sovereignty, the meaning of citizenship, and the rule of law.

Why This Policy Is Misaligned

1. Distorts the Original Meaning of the 14th Amendment The 14th Amendment (“All persons born or naturalized in the United States, and subject to the jurisdiction thereof…”) was primarily intended to secure citizenship for freed slaves after the Civil War. The phrase “subject to the jurisdiction thereof” was understood at the time to exclude children of foreign diplomats and invading armies. SPOTM favors originalist interpretation of the Constitution over modern expansive readings.
2. Undermines National Sovereignty and the Rule of Law Granting automatic citizenship to children of people who entered or remained in the country illegally rewards law-breaking and creates strong incentives for illegal immigration and “birth tourism.” SPOTM prioritizes the rule of law and the right of a sovereign nation to define its own citizenship.
3. Dilutes the Value of Citizenship Citizenship should reflect a meaningful connection to the nation — through birth to citizen parents, legal immigration, or demonstrated allegiance. Automatic birthright citizenship for children of illegal immigrants turns citizenship into an accident of geography rather than a privilege tied to the social contract.
4. Creates Practical and Fiscal Burdens “Anchor babies” often allow parents to remain in the country longer through chain migration and access to public benefits. This imposes costs on citizens and strains resources — outcomes SPOTM generally opposes when they result from policy that ignores sovereignty.
5. Not Universally Practiced Most countries do not grant unconditional birthright citizenship. Many require at least one parent to be a citizen or legal resident. The U.S. practice is an outlier that creates unique problems in an era of mass illegal immigration.

SPOTM’s Recommended Approach

SPOTM supports citizenship based on allegiance and legal status:

• End Automatic Birthright Citizenship for Children of Illegal Immigrants: Require at least one parent to be a U.S. citizen or legal permanent resident.
• Preserve Citizenship for Children of Legal Residents: Maintain birthright citizenship when parents are lawfully present.
• Constitutional or Legislative Reform: This can be addressed through legislation clarifying the 14th Amendment or, if necessary, a constitutional amendment.
• Focus on Legal Immigration: Prioritize merit-based legal immigration while enforcing borders.

SPOTM Summary Statement:

“Birthright citizenship in its current expansive form is misaligned because it undermines the rule of law, national sovereignty, and the meaningful nature of American citizenship. SPOTM supports reforming the policy so that citizenship is granted based on legal presence or parental status rather than mere presence on U.S. soil.”

This position flows directly from SPOTM’s commitment to the rule of law, limited government, individual rights balanced with national sovereignty, and a coherent understanding of citizenship.

In addition:

Here’s more information on birthright citizenship from a SPOTM perspective.

Historical Intent of the 14th Amendment

The 14th Amendment (ratified 1868) was primarily designed to grant citizenship to freed slaves after the Civil War. The key phrase “subject to the jurisdiction thereof” was understood at the time to exclude:

• Children of foreign diplomats.
• Children of invading armies.
• (According to many originalist scholars) children of illegal immigrants or temporary visitors who owe primary allegiance to another nation.

The modern interpretation granting automatic citizenship to virtually anyone born on U.S. soil, regardless of parental status, is a broader reading that emerged later — not the clear original intent. SPOTM favors originalist interpretation of the Constitution.

Practical Problems Today

• Anchor Baby Phenomenon: Children born to illegal immigrants automatically become citizens, which can help parents gain legal status, chain migration benefits, and access to public services.
• Birth Tourism: Wealthy foreigners (especially from certain countries) travel to the U.S. specifically to give birth so their child gains citizenship advantages.
• Fiscal and Demographic Impact: This policy contributes to long-term costs in education, healthcare, and welfare. It also affects demographic trends and political representation in ways that can incentivize further illegal immigration.

SPOTM sees these as predictable consequences of a policy that decouples citizenship from allegiance and legal presence.

International Context

Most countries do not practice unconditional birthright citizenship:

• Many require at least one parent to be a citizen or legal resident.
• The U.S. is an outlier among developed nations in this regard.

This makes the current American policy unusually permissive in a world of controlled borders.

SPOTM’s Position on Reform

SPOTM supports reforming birthright citizenship to require that at least one parent be a U.S. citizen or legal permanent resident. This can be achieved through:

• Legislation clarifying the 14th Amendment.
• A constitutional amendment if needed for clarity.
• Maintaining citizenship for children of legal immigrants and citizens.

This reform would align citizenship with the principles of sovereignty, the rule of law, and meaningful national membership while still being generous toward those who follow legal processes.

SPOTM Summary:

“Birthright citizenship in its current expansive form is misaligned because it rewards illegal presence and dilutes the meaning of American citizenship. SPOTM supports reform so that citizenship reflects legal status and allegiance, consistent with the original intent of the 14th Amendment and the principles of sovereignty and the rule of law.”

This remains consistent with SPOTM’s commitment to the rule of law, national sovereignty, limited government, and a coherent understanding of citizenship.