BIRTHRIGHT CITIZENSHIP AND THE CONSTITUTION

The United States Constitution's citizenship rule, which grants citize nship to, among others, the American-born children of illegal aliens, has come under attack. Professor Eisgruber defends the Constitution's birthplace rule against calls for its amendment and against arguments in favor of a parentage rule. He proposes the Responsiveness Principle as a competitor to a consent or reliance theory to provide the normat ive justification for a rule of citizenship. Under this principle, a g overnment should be responsive to the interests of all those over whom it exerts general jurisdiction. Professor Eisgruber argues that the c urrent birthplace rule is the best way to implement the Responsiveness Principle because it makes it likely that those subject to the laws w ill have an effective voice in determining their content. He also caut ions that an amendment modifying the birthplace rule would likely affe ct the interpretation of other constitutional provisions by compromisi ng the Constitution's commitment to political justice.