Why not address the issue of citizenship through Congress rather than through the courts?

A:

The purpose of the Citizenship Clause was to remove questions about birthright citizenship from the political process.  That way, the Constitution would answer those questions once and for all, instead of letting the issue be subject to legislation by Congress, the states, or the territories.  Of course, Congress can recognize American Samoans as U.S. citizens by statute, just as it has done for people born in every other U.S. territory.  But individual rights like birthright citizenship, freedom of speech, and freedom of religion are guaranteed by the Constitution regardless of whether Congress wants to recognize those rights.  Until courts recognize that citizenship in American Samoa is based on the Constitution, the individual rights and privileges of people born in American Samoa will continue to be subject to potential political interference.  

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