4 ms·
The application to naturalized citizens but not born Americans won't stand up to the barest Constitutional challenge. Specifically, the equal protection clause
by elgenie 9y ago
The application to naturalized citizens but not born Americans won't stand up to the barest Constitutional challenge. Specifically, the equal protection clause of the 14th Amendment:
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All 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
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The Supreme Court held in Bolling v. Sharpe that the due process clause of the 5th Amendment imposes the equal protection responsibility on the federal government as well as the individual states.