Source: The Volokh Conspiracy
by Evan Bernick
“I’ve spent the last two posts critiquing Kurt Lash’s shockingly weak argument that the original meaning of the Citizenship Clause excludes the children of unlawful entrants from citizenship. But not even Lash commits to defending the component of Trump’s EO which excludes lawful temporary visitors. The obvious problem with this component from the standpoint of Lash’s parental-loyalty-based account of birthright citizenship is that lawful temporary visitors have voluntarily submitted themselves to the sovereign power of the United States, which has authorized their presence within its borders. There’s nothing ‘disloyal’ about this that would rebut Lash’s crucial presumption in favor of parental loyalty — and thus birthright citizenship.” (04/03/25)