Comments by "MrEkzotic" (@MrEkzotic) on "Birthright citizenship is 'not the norm' around the world: Will Cain" video.
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@FosterTravis1071 Some prominent legal scholars and commentators who argue against the interpretation of the 14th Amendment as guaranteeing universal birthright citizenship include:
1. Edward J. Erler
Erler, a professor emeritus of political science at California State University, San Bernardino, has written extensively about the 14th Amendment. He argues that the "subject to the jurisdiction thereof" clause excludes children born to illegal immigrants or foreign nationals who owe allegiance to another sovereign.
2. John C. Eastman
Eastman, a constitutional law professor and senior fellow at the Claremont Institute, has advocated the position that the framers of the 14th Amendment did not intend for it to grant citizenship to children of non-citizens, particularly illegal immigrants.
3. Lino A. Graglia
A law professor at the University of Texas, Graglia argued that birthright citizenship is a misinterpretation of the 14th Amendment and that the clause "subject to the jurisdiction thereof" was meant to apply only to those with complete allegiance to the United States.
4. Peter H. Schuck and Rogers M. Smith
In their book Citizenship Without Consent: Illegal Aliens in the American Polity, Schuck and Smith question the automatic granting of citizenship to children of illegal immigrants, asserting that citizenship should require consent from the governing political community.
5. Richard A. Epstein
Epstein, a prominent legal scholar at the Hoover Institution and New York University, has expressed skepticism about the broad interpretation of the 14th Amendment and its application to birthright citizenship.
6. Judge Richard Posner
While not strictly a legal scholar in this context, Posner, a renowned federal judge and legal thinker, has commented critically on the practice of granting automatic citizenship to children of illegal immigrants, questioning its policy implications.
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