There is a common misconception in the United States that the Fourteenth Amendment to the US Constitution mandates that the US government grant citizenship to anyone and everyone born within the borders of the United States. This misconception is largely due to the fact that, for several decades, US courts and technocrats have conspired to redefine the original meaning of the amendment, and thus apply it to every child of every tourist and foreign national who happens to set foot on this side of the US border.

Some have even attempted to define access to birthright citizenship as some sort of natural right. This is a common tactic among some libertarians who have twisted the idea of property rights to extend the idea of a “right” to the governmental administrative act known as “naturalization.”

Even when looking at the issue strictly in terms of procedural legal rights, however, it is clear that the current definition of birthright citizenship is in conflict with the law as originally intended and interpreted.

To understand the central point of contention, let’s note the text of the Fourteenth Amendment itself, which states that citizenship shall be extended to: “[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof…” Note that there are two qualifying phrases here. The persons in question must be both born or naturalized in the United States and subject to the jurisdiction thereof.

It is this second qualification that remains a matter of debate.