• 877 Posts
  • 13.5K Comments
Joined 1 年前
Cake day: 2023年7月30日
  • jordanlund@lemmy.worldOPMtopolitics @lemmy.world•Federal Recognition of the Lumbee Tribe of North Carolina
    5·
    1 小时前

    Part of the birthright citizenship executive order:

    https://www.salon.com/2025/01/23/excluding-indians-admin-questions-native-americans-birthright-citizenship-in/

    The Justice Department then goes on to cite the Civil Rights Act of 1866, which predates the 14th Amendment by two years. The Justice Department attorneys specifically cite a section of the act that notes that  “all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States.”

    The Trump administration then goes on to argue that the 14th Amendment’s language — the phrase “subject to the jurisdiction thereof” — is best understood “to exclude the same individuals who were excluded by the Act —i.e., those who are ‘subject to any foreign power’ and ‘Indians not taxed.’”

    The Justice Department attorneys return to the topic of whether or not Native Americans should be entitled to birthright citizenship later in their arguments, citing a Supreme Court case, Elk v. Wilkins, in which the court decided that “because members of Indian tribes owe ‘immediate allegiance’ to their tribes, they are not ‘subject to the jurisdiction’ of the United States and are not constitutionally entitled to Citizenship.”

Moderates