Citizenship and syntax (updated, and updated again)
Last week the Washington Post published an op-ed by Michael Anton arguing that the United States should do away with birthright citizenship—the principle that anyone born in the United States is a U.S. citizen, even if their parents are foreign-born noncitizens. The op-ed has attracted a lot of attention from people on both the left and the right, and by “attention” I mean “condemnation”. (E.g., Garrett Epps at The Atlantic, Mark Joseph Stern at Slate, Dan Drezner at the Washington Post, Robert Tracinski at The Federalist, Alex Nowraseth at The American Conservative, and Jonathan Adler at Volokh Conspiracy. See also this Vox explainer.)
The criticism both on on Anton’s nativism, but also on his interpretation of the 14th Amendment, on which birthright citizenship is based. One of the interpretive moves for which Anton has been criticized is his handling of a statement made on the floor of the Senate while the proposed text of the 14th Amendment was being debated. And that dispute turns on the resolution of a syntactic ambiguity.
Read the rest of this entry »




