Editor’s Note: This article is an opinion column by Roger Katz. The views expressed are his alone and do not necessarily reflect those of AmmoLand News, its editors, or staff.
Trump has asked the Department of Justice (DOJ) to prevail on the U.S. Supreme Court to correct the horrible injustice that the incorrigibly corrupt and deceitful Biden Administration has exacted on the American people. The case is Trump vs. Barbara. The Press has dubbed it “The Birthright Citizenship Case.”
The Supreme Court has granted review on December 5, 2025. Oral argument is scheduled for April 1. A decision is expected in early Summer.
The importance of this case to the future well-being of a Free Republic and to our Bill of Rights, especially the Right of the People to Keep and Bear Arms, cannot be overstated.
Trump vs. Barbara brings to bear a matter that the Court has spent little time considering: What does it mean to be an American? That raises the issue of the nature of our National (American) Character, our Nation’s Ethos.
The American Ethos is bound inextricably to the concept of the need for a well-armed citizenry, an abhorrence of tyranny, justifiable suspicion of government usurpation of power, and the sovereignty of the American People (“The Common Man”) over government.
In the question presented for review in petitioner’s brief, the DOJ, on behalf of Trump, says:
“The Citizenship Clause of the Fourteenth Amendment provides that those “born * * * in the United States, and subject to the jurisdiction thereof,” are U.S. citizens. . . . The Clause was adopted to confer citizenship on the newly freed slaves and their children, not on the children of aliens temporarily visiting the United States or of illegal aliens. On January 20, 2025, President Trump issued Executive Order No. 14,160, Protecting the Meaning and Value of American Citizenship, which restores the original meaning of the Citizenship Clause and provides. . . that children of temporary visitors and illegal aliens are not U.S. citizens by birth.”
Working with Congressional Democrat Marxist-Socialists, Biden’s people opened the floodgates. Millions of unvetted aliens poured into our Country.
Not an insignificant number included pregnant women, set on giving birth to their offspring on American soil.
Based on past practice, they assume their children would automatically become citizens and that, once a child attained the age of 21, he could then sponsor his parents for a “green card.”
A longstanding but controversial shibboleth says the child is presumptively a U.S. citizen under an anachronistic and archaic monarchic doctrine called “Jus Soli” (Right of Soil) grounded on old English Common Law.
In 1898, the Supreme Court applied that English Common Law Canon to American Law in the case United States vs. Kim Wong Ark, but the decision wasn’t unanimous.
Chief Justice Fuller and Associate Justice Harlan wrote a comprehensive, vigorous dissent. Their legal and logical reasoning is insightful, and their intuitive understanding of what such a catastrophic decision would have on the well-being of the Nation in the decades to come, prescient.
Curiously, the British abolished citizenship via Jus Soli on January 1, 1983, adopting the sensible citizenship Jus Sanguinis (“Right of Blood”) standard that most nations follow today.
The legal and logical rationale for maintaining the feudal-era concept of allegiance to the King, predicated solely on birth within the Realm, is both wrong and wrong-headed.
Our Nation was never a monarchy and the Framers of our Constitution found the notion of fashioning a monarchic governmental structure for the new nation repugnant—especially after having thrown off the yoke of monarchic, despotic rule.
They crafted the nascent Nation as a “Free Constitutional Republic.”
The practical impact of credence to “Jus Soli” citizenship in our Republic is awful to contemplate; we Americans are witnessing the dire effects of its application today.
Unlike Feudal England, our Republic has no resemblance to a Monarchy.
Tens of millions of illegal aliens who have entered our Country have no knowledge of governmental frameworks. And they have no understanding, nor appreciation for our Constitution, our unalienable, eternal Rights and Liberties, our History, Heritage and Traditions, and our core beliefs.
Such pseudo-citizens dropped on our soil by illegal aliens and manipulated by scurrilous demagogues would vote people into office whose aim is to destroy our Nation from within.
To effectuate that aim, Democrats (Marxist-Socialists) and their symbiotic Fake-News Press constantly attack civilian citizen possession of firearms, well aware that without the armed citizenry, there is no tenable means to preserve the Security of a Free State.
Democrats are drawing our Country ever closer toward a tyranny and accomplishing that with the avid assistance of millions of unassimilable aliens and a significant number of home-bred American Marxist-Socialist cultists.
Outside threats to a Free Republic also abound.
CCP China is one of those dangerous threats that seek to exert control over our Nation. Mexico presents a similar problem for us.
Many Americans are blind to the myriad threats posed to our Nation or otherwise psychologically conditioned to see the annihilation of the Republic as a good thing, a worthy aim.
How important is the armed citizenry to a Free State? Just consider the plight of the Iranian people today.
The liberal media doesn’t posit why Iranians haven’t risen up against the savage, hateful Theocratic Islamic regime, given the massive, devastating airpower that the U.S. and Israel brought to bear against it.
The reason is plain but the Press suppresses it—having no wish to mention it: Iranians have no firearms.
The Theocratic Dictatorship doesn’t allow ordinary people to possess firearms, lest they depose the Tyrant.
Only an armed citizenry can effectively defeat a tyrannical regime. That is axiomatic.
Democrats hate our Country. They know an insurgency of tens of millions of aliens can be mobilized to achieve their endgame, one that armed Americans would never accept, nor tolerate, nor abide. Thus, Democrats dare not clearly enunciate their objectives:
The eradication of the Constitution, the rewriting of our history, the erasure of our heritage and core beliefs, the de facto elimination of the natural law right codified in the Second Amendment along with our other basic rights, and the dissolution of a Free Republic.
These aims are all part of the Democrat Marxist-Socialist agenda and legacy.
Those people and groups inside and outside Government that detest our Country look forward to a Court decision in their favor, one reaffirming, embellishing on, and making irrefutable an age-old, outmoded Supreme Court ruling grounded on an absurd thesis and illogical reasoning: Kim Wong Ark.
Such a decision would mark our slide toward oblivion. The die would be cast with the High Court’s own imprimatur as the Nation wends its way inexorably and inevitably toward tyranny. That would be both ironic and insufferable.
This is why a positive decision in Trump vs. Barbara is as vital to the Security of a Free State as would be a decision in a straightforward major Second Amendment case.
But Roberts shuns reviewing major cases with political implications for his legacy, despite claiming impartiality.
Recall, at Roberts’ urging the Court perfunctorily denied review of two significant Second Amendment cases in 2025.
The first is Antonyuk vs. James, involving the New York Government’s blatant, hostile, and contemptuous act of defiance toward the Court’s rulings and reasoning in New York State Rifle & Pistol Association vs. Bruen.
The second is Snope vs. Brown, coming out of Maryland, involving the State’s ban on civilian citizen possession of semiautomatic weapons—an act of subversion toward a finding in District of Columbia vs. Heller that weapons in common use plainly fall within the Second Amendment’s protection.
Why then did Chief Justice allow review of this Birthright Citizenship case given the decisive impact it would have on the Country, for good or ill?
Our guess is that, unlike the Second Amendment cases, Justice Roberts had to take up Trump vs. Barbara.
Political momentum existed for it, and most of the Justices likely wanted to hear it.
Impetus for it also came from the President. And failure to grant review wouldn’t help the Court anyway, for the 128-year-old contentious Kim Wong Ark case would remain as presumptively legitimate in a Country now confronted with millions of unassimilable illegal aliens and their offspring.
The Court has the opportunity now to correct this travesty.
Individuals born of illegal aliens or temporary visitors to our Country are not citizens of the United States. Trump is spot-on, right.
The Supreme Court must strike down Kim Wong Ark and protect the present and future viability of a Free Republic and its mainstay—the citizen army.
But will it do so?
If a majority of the Justices, including Roberts, reaffirms the 1898 case holding, then they have effectively signed the Nation’s death warrant, paving the way for dissolution of a Free Republic, and eradication of the citizen army by bureaucratic and legal fiat.
This would mean some Justices utilized their tremendous Article III power not to protect the Constitution but to harm it irrevocably. If that occurs, Congress should immediately draw up papers of impeachment against those Justices who betrayed us.
Gun Influencers Denying Immigration Impact on Right to Arms Ignore Truths They Can’t Refute
ROGER J. KATZ, ATTORNEY AT LAW
Roger is an attorney licensed to practice law in Ohio and Arizona, and he is CEO of Arbalest Group, LLC.
He is a graduate from Cleveland State University, Cleveland Marshall College of Law, and was an Editor of Law Review, and he has earned a Master of Public Administration Degree from Cleveland State University. Roger also holds several degrees from The Ohio State University: a Master of Arts degree in Philosophy, a Bachelor of Arts degree in English, and a Bachelor of Science in Education degree in Secondary English Education.
Roger has worked as a high school English teacher and as a university administrative assistant. On earning a law degree he worked for several years as a Trademarks Examining Attorney with the United States Patent and Trademark Office in Washington D.C., and later worked as an attorney for a boutique intellectual property law firm in New York City.
Roger’s goal, working full-time on the Arbalest Quarrel website, involves preparing comprehensive and detailed analyses of case law pertaining to First and Second Amendment issues, and analyses of Federal and State laws and bills impacting the Bill of Rights, generally, and the Second Amendment, particularly.
Roger takes as axiomatic that, to maintain a free Constitutional Republic, our Bill of Rights must be preserved. If the latter falls, the former falls.
