GrumpyRabbit on Nostr: Amendment 14, clause 5 delegates the authority to Congress to interpret what "subject ...

Amendment 14, clause 5 delegates the authority to Congress to interpret what "subject to the jurisdiction" means. It has not done so.

No such authority was granted to the Judicial Branch, nor to the Executive Branch--although both do have Constitutional authority to use Constitutional clauses to govern their own policies and actions.

In Wong Kim Ark, SCOTUS exercised its authority to "exercise the Judicial Power of the United States" to hold that those who are legal residents of the United States are "subject to the jurisdiction of" the U.S., and so therefore are any children of such persons who are born on U.S. soil.

President Trump's Executive Order simply orders the Executive Branch to impute citizenship exactly as SCOTUS defined it in 1898.

https://x.com/MichaelARothman/status/2039584869756686379