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United States v. Wong Kim Ark

No. 132 SCOTUS · Decided Teaching/Historical SCOTUS
Decided: Dec 29, 2010
Court
U.S. Supreme Court
scotus
Decided
Dec 29, 2010
CL Status
Active
14th Amendment 14th Amendment citizenship clause Diplomatic immunity from jurisdiction Executive order authority Fourteenth Amendment citizenship clause Jurisdictional status of undocumented immigrants Native American sovereignty and tribal authority Subject to the jurisdiction clause (14th Amendment) Tribal sovereignty limitation on federal jurisdiction alien enemies doctrine alien enemies exception to jurisdiction birthright citizenship congressional intent in constitutional interpretation diplomatic immunity diplomatic immunity exception to jurisdiction major questions doctrine plenary power doctrine subject to the jurisdiction thereof tribal sovereignty

Legal Issues

14th Amendment14th Amendment citizenship clauseDiplomatic immunity from jurisdictionExecutive order authorityFourteenth Amendment citizenship clauseJurisdictional status of undocumented immigrantsNative American sovereignty and tribal authoritySubject to the jurisdiction clause (14th Amendment)Tribal sovereignty limitation on federal jurisdictionalien enemies doctrinealien enemies exception to jurisdictionbirthright citizenshipcongressional intent in constitutional interpretationdiplomatic immunitydiplomatic immunity exception to jurisdictionmajor questions doctrineplenary power doctrinesubject to the jurisdiction thereoftribal sovereignty

BrynoDC Coverage 4 videos

The Law · How the Case Works

Overview

Overview

Wong Kim Ark was born in San Francisco to Chinese immigrant parents who were subjects of the Emperor of China. When he returned to the United States after visiting China, the government tried to exclude him under the Chinese Exclusion Act, arguing he was not a citizen. The Supreme Court ruled 6-2 that the Fourteenth Amendment’s citizenship clause. “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens”. Applies to children born on U.S. Soil to alien parents, as long as the parents are not foreign diplomats or enemy invaders. The decision established birthright citizenship as a constitutional guarantee that Congress cannot override by statute. Bryan covers it every time the Trump administration’s birthright citizenship executive order is discussed. Wong Kim Ark is the 125-year-old precedent the order has to defeat.

The Conclusion

Conclusion

Wong Kim Ark held that the Fourteenth Amendment guarantees birthright citizenship to children born on U.S. soil to alien parents, absent diplomats or enemy invaders. The 6-2 decision established this as a constitutional mandate that Congress cannot override, making it the foundational precedent for American birthright citizenship doctrine.

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SCOTUS TMR-6fc59b64 Jul 28, 2026

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Cited By (1)

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