ANCHORS AWEIGH: REDEFINING BIRTHRIGHT CITIZENSHIP IN THE 21ST CENTURY

Abstract

The purpose of this Note is to assert that while the judiciary may have historically misinterpreted the Citizenship Clause, there is still potential for reconciling past precedent with a modern solution to the "anchor baby" problem. One solution is to use a hybrid theory of domicile. This would use an "intent to stay" in conjunction with the traditional standard of the Citizenship Clause. Applying a hybrid theory of domicile as the standard for birthright citizenship would narrow the Citizenship Clause enough to remedy the "anchor baby" problem without requiring a constitutional amendment. Part II of this Note details the history of the 14th Amendment and the case law that has defined "subject to the jurisdiction thereof"; Part III discusses the relevant theories concerning birthright citizenship; and lastly, Part IV discusses potential remedies to the problem of abuse of birthright citizenship.