Source: The UnPopulist
by Paul Gowder
“The chief justice, writing for the court, achieved a competent version of standard originalism. Heavily relying on historical sources and historically informed amicus briefs, the chief points out—correctly—that the English common law rule that shaped the background of U.S. citizenship law treated all kinds of temporary visitors and even persons subject to expulsion as nonetheless capable of producing British children if those children were born within the territory. (Anthony Michael Kreis has recently written a comprehensive account of the development of this principle that is worth your time.) Roberts also correctly points out that the most natural reading of the word ‘jurisdiction,’ being subject to the laws of the United States, is that the framers of the Amendment meant what they said.” (07/02/26)
https://www.theunpopulist.net/p/there-is-no-originalist-rationale