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greggoByesterday at 3:21 PM4 repliesview on HN

As a non-US citizen, birthright citizenship has always struck me as strangely unique to America - in my mind it comes from a time when it was actively trying to populate the continent (something not a lot of countries have wanted to do, I guess).

Roll forward a few hundred years and the context has changed, so it seems reasonable that the law should too? But I guess it shouldn't be surprising that this is no bueno for SCOTUS, which has an infinite hard-on for Originalism [0] - I certainly can't imagine the conservative justices are ruling based on humanitarian grounds.

[0] https://en.wikipedia.org/wiki/Originalism


Replies

Windchaseryesterday at 3:44 PM

I mean, it tracks with "no taxation without representation". Getting rid of birthright citizenship has the chance to create a separate *multi-generational* class of people that aren't given the same rights in society.

graemepyesterday at 3:37 PM

Most of the Americas for just that reason - and because the countries immigrants came from did not want their kids to have citizen ship and the right to come back.

eesmithyesterday at 3:57 PM

Most countries in North and South America have unconditional birthright citizenship for persons born in the country.

I take it you are not British? The British Empire had birthright citizenship, and up until 1948 (except for Ireland) citizens of all Commonwealth countries were simply British subjects.

Afterward it was possible to be, for example, a Canadian citizen, but it was still the case that "Prior to the [the British Nationality Act 1981] coming into force, any person born in the United Kingdom or a colony (with limited exceptions such as children of diplomats and enemy aliens) was entitled to [Citizenship of the United Kingdom and Colonies] status" - https://en.wikipedia.org/wiki/British_Nationality_Act_1981

TimorousBestieyesterday at 3:23 PM

Birthright citizenship is not unique to the United States, it’s common to certain kinds of former colonies.