More on Birthright Citizenship and Intellectual Diversity Mandates
Two articles have been released discussing birthright citizenship and intellectual diversity mandates. One article analyzes the legal meaning of the phrase 'subject to the jurisdiction' in the context of the Fourteenth Amendment. The other critiques Indiana's Senate Bill 202, which requires intellectual diversity in university courses, arguing it could undermine academic freedom.
- ▪The first article examines the historical legal meaning of 'subject to the jurisdiction' as used in the Fourteenth Amendment.
- ▪It concludes that the phrase would have been well understood by mid-nineteenth century American lawyers as meaning governed by the United States.
- ▪The second article critiques Indiana's Senate Bill 202, which mandates intellectual diversity in university courses, suggesting it poses risks to academic freedom.
Opening excerpt (first ~120 words) tap to expand
Birthright Citizenship More on Birthright Citizenship and Intellectual Diversity Mandates Final articles now in "print" Keith E. Whittington | 6.3.2026 8:34 AM I have two articles just released in their final form. One, with James Heilpern, examines how "subject to the jurisdiction" was used in legal texts in the United States through the adoption of the Fourteenth Amendment. Making use of treaties, statutes, congressional debates, and judicial opinions, the article considers whether that language, which was used in the Fourteenth Amendment's citizenship clause, had an established legal meaning that would have been known to the legal community in 1868. If so, what might that meaning be? From the conclusion of that article: The task of this Article is a narrow one.
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Excerpt limited to ~120 words for fair-use compliance. The full article is at Reason Magazine.
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