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Gunther Eagleman™ @GuntherEagleman - Video: Justice Kavanaugh delivered one of the sharper exchanges in the birthright citizenship arguments, pressing Solicitor General Sauer on why the 14th Amendment used different language than the Civil Rights Act of 1866 if they were meant to say the same thing.
Sauer answered directly: The Court has long held they mean the same thing. The framers preferred the positive formulation "subject to the jurisdiction thereof" to clear up ambiguity with "Indians not taxed" while keeping the core requirement of full allegiance intact. Congressional records show they explicitly understood they were doing the same thing.
Kavanaugh also noted Congress repeated that exact language in the 1940 and 1952 Immigration Acts.
Sauer explained this was Congress codifying the constitutional baseline, not adopting a broader view. The structure of the statute treats subsection (a) as the constitutional floor and adds statutory citizenship categories beyond it.
Justice Barrett then zoomed out on jus soli versus jus sanguinis, questioning how the Amendment blends elements of both. Sauer described it as a modified jus soli that still demands a relationship of allegiance to the sovereign, consistent with even English common law sources like Calvin's Case.
This entire line of questioning reinforces what conservatives have argued for years: the 14th Amendment was never meant to be an open-ended grant of citizenship to anyone born on U.S. soil regardless of parental allegiance or lawful status.
Modern interpretations have stretched it far beyond the framers' design.
https://x.com/GuntherEagleman/status/2039363659474850232

HHS Rapid Response @HHSResponse - BREAKING NEWS
SECRETARY KENNEDY CAUGHT PURCHASING ARTIFICIALLY DYED CANDIES IN BULK
https://x.com/HHSResponse/status/2039330926191165716/photo/1
9:15 AM · Apr 1, 2026
https://x.com/HHSResponse/status/2039330926191165716

Homeland Security @DHSgov - Video: Crazy what a difference one year makes.