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Law

Birthright Citizenship Debates in Constitutional Interpretation

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The Fourteenth Amendment's Citizenship Clause, ratified in 1868, was a direct response to the Dred Scott decision and the Civil Rights Act of 1866, and it has been the legal foundation for birthright citizenship in the U.S., though it is now the subject of intense debate over its original meaning.

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What if a baby is born in the United States to parents who are undocumented? Is that child automatically a citizen, or is that status up for debate?

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