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


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 citizenship be subject to the legislative whims of 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 what Congress does.  Until courts recognize that citizenship in U.S. territories is based on the Constitution, the individual rights and privileges of people born in U.S. territories will continue to be subject to potential political interference.  

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