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That is the main point: The 14th Amendment was meant to ensure that the necessary relief for former slaves could not be undone by subsequent Congresses or court decisions. As we shall come to, the Supreme Court later resorted to the 14th Amendment in order to address an injustice done to an adult child of immigrants under the noxious Chinese Exclusion Act. The Court, however, was wrong to do so — certainly, to the extent that its ruling can be read (and has been read) to usurp Congress’s constitutional power to prescribe citizenship qualifications for children born in the United States of aliens who are not legally here. The 14th Amendment was about black people enslaved in America for generations. It was not about aliens transiting America illegally.Share
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