The Birthright Citizenship Controversy: A Study of Conservative Substance and Rhetoric

49 Pages Posted: 25 Nov 2011 Last revised: 30 May 2016

Allen R. Kamp

The John Marshall Law School

Date Written: November 24, 2011

Abstract

This essay is a critique of the conservative rhetoric used in their attack on birthright citizenship β€” as granted by Clause 1 of the Fourteenth Amendment, which states: β€œAll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” The rhetoric of that attack violates the traditional canons of conservative argumentation and interpretation, such as original intent and plain meaning. As such, their arguments call into question the seriousness of their allegiance to these canons.

Keywords: Citizenship, birthright citizenship, Fourteenth Amendment, immigration, conservatism, rhetoric

Suggested Citation

Kamp, Allen R., The Birthright Citizenship Controversy: A Study of Conservative Substance and Rhetoric (November 24, 2011). Available at SSRN: https://ssrn.com/abstract=1964351 or http://dx.doi.org/10.2139/ssrn.1964351

Allen R. Kamp (Contact Author)

The John Marshall Law School ( email )

315 South Plymouth Court
Chicago, IL 60604
United States

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