By Newspot Nigeria Editorial Board
The argument advanced by Edward J. Erler in his Imprimis article—asserting that birthright citizenship is a mistaken reading of the Fourteenth Amendment—is more ideological than constitutional. At its core, it reflects a selective reading of history, an underappreciation of judicial precedent, and a dangerous flirtation with exclusionary nationalism that undermines the principles of equal justice under law.
Let’s begin with the text of the Constitution. The Citizenship Clause of the Fourteenth Amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States…” Erler’s interpretation hinges entirely on the phrase “subject to the jurisdiction thereof,” suggesting it refers solely to individuals who owe exclusive political allegiance to the United States. But this claim does not stand up to constitutional scrutiny or legal precedent.
Legal precedent matters, and the Imprimis article dances around the one landmark decision that firmly affirms the constitutional guarantee of birthright citizenship: United States v. Wong Kim Ark (1898). In that case, the U.S. Supreme Court held—unambiguously—that the Fourteenth Amendment guarantees citizenship to virtually all children born on American soil, regardless of their parents’ nationality. This decision wasn’t a marginal opinion or an accidental misstep; it has stood unchallenged for more than a century, shaping immigration and citizenship jurisprudence with enduring clarity.
Erler’s attempt to distinguish the Wong Kim Ark case because the parents were legal residents ignores the central holding of the case: the jus soli (right of the soil) principle applies broadly and inclusively. His argument that there is no Supreme Court ruling covering children of illegal immigrants is technically true, but legally irrelevant. Federal courts, including circuit courts, have consistently applied the Fourteenth Amendment to uphold citizenship for children born to undocumented parents—treating Wong Kim Ark as binding.
Erler also misrepresents the concept of “jurisdiction.” In constitutional law, to be subject to the jurisdiction of the United States means to be subject to its laws and its courts. It does not mean, and never has meant, undivided political loyalty. If it did, foreign nationals visiting the U.S. or even diplomats’ children—who are explicitly exempted from citizenship—would fall into chaotic legal grey zones. The framers of the Fourteenth Amendment knew what they were doing, and the Congressional Record from 1866 shows they crafted the clause to ensure that even formerly enslaved persons born in America would never again be stateless.
The broader political subtext of Erler’s piece—a fear of administrative tyranny and creeping globalism—is not only overstated but misplaced. Dual citizenship and birthright citizenship are not “feudal holdovers”; they are modern affirmations of individual dignity in an interconnected world. By allowing children born on U.S. soil to claim citizenship, regardless of parentage, America affirms its commitment to equality, opportunity, and legal clarity.
Furthermore, denying birthright citizenship introduces the real danger of creating a permanent underclass—millions born in the U.S. but with no country to legally call home. That’s not just morally precarious; it’s legally unsustainable. The Constitution was not written to sanction discrimination based on the immigration status of one’s parents.
Let’s not be misled: the Constitution is not confused on this issue. It is Erler who wishes to rewrite its meaning to fit a political narrative. To argue otherwise is not to uphold constitutionalism—it is to undermine it.
At Newspot Nigeria, we believe that the strength of a democracy lies in its fidelity to law, not to ideology. The Fourteenth Amendment stands as a powerful affirmation of inclusivity and justice. Let us not abandon it in pursuit of a narrower, more exclusionary vision of nationhood.
—Newspot Nigeria Editorial Board
Reload document 
Open in new tab Share your story or advertise with us: Whatsapp: +2347068606071 Email: info@newspotng.com
