25 LC 112 2829 Senate Resolution 123 By: Senators Islam Parkes of the 7th, Jones II of the 22nd, Esteves of the 35th, Mangham of the 55th, McLaurin of the 14th and others A RESOLUTION Affirming birthright citizenship as a constitutional right; and for other purposes. 1 WHEREAS, the strength of America is and always has been founded in our exceptional2 diversity, which underpins our economy, energizes our culture, and ensures us a vibrant and3 prosperous future; and4 WHEREAS, since our nation's founding, people from every nation on earth, speaking every5 language on earth, have come to America in search of opportunity, worked to build6 prosperity and security for their families, and helped create our communities, our industries,7 and our institutions; and8 WHEREAS, the right to citizenship for the children of those immigrants has helped those9 communities, industries, and institutions flourish generation after generation; and10 WHEREAS, birthright citizenship ensures that our national identity is defined not by blood,11 but by a shared commitment to building our nation together on a foundation of liberty,12 equality, and self-governance; and13 S. R. 123 - 1 - 25 LC 112 2829 WHEREAS, the 1844 New York state court case Lynch v. Clarke established a legal 14 precedent that persons born in the United States to visiting parents are United States citizens15 by right of birth; and16 WHEREAS, in 1868 the Fourteenth Amendment enshrined birthright citizenship in17 Constitutional law by stating unambiguously that "all persons born or naturalized in the18 United States, and subject to the jurisdiction thereof, are citizens of the United States and of19 the State wherein they reside" by right of birth; and20 WHEREAS, in 1898 in United States v. Wong Kim Ark, the Supreme Court reinforced that21 children born in the United States to immigrant parents are United States citizens by right of22 birth; and23 WHEREAS, most living Americans trace their citizenship to an ancestor with foreign-born24 parents who acquired citizenship by right of birth; and25 WHEREAS, the Trump Administration's current assault on birthright citizenship is not just26 unconstitutional but an offense against American values.27 NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body28 reaffirm birthright citizenship as a fundamental right in accordance with the ideals of this29 nation, the United States Constitution, and more than a century of settled constitutional law.30 BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed31 to make appropriate copies of this resolution available for distribution to the public and the32 press.33 S. R. 123 - 2 -