"Excluding Indians": Trump admin questions Native Americans' birthright citizenship in court

[LeftInTX]

23. Native Americans born on reservations were not

covered by the 14th Amendment. They are covered by an Act of Congress that was enacted in 1924.

Trump's EO does not impact Native Americans.

https://en.wikipedia.org/wiki/Indian_Citizenship_Act

They're going over the history of the 14th Amendment and they began with 1866 Civil Rights Acts

all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens, of every race and ...https://en.wikipedia.org/wiki/Civil_Rights_Act_of_1866

The 14th Amendment purposely excluded Native Americans because they were citizens of "Another Nation". Currently all Native Americans are US citizens. So, Trump's EO will not apply to them.

What the heritage guys are trying to prove is that birthright provided in the 14th Amendment does not apply to non-US citizens. They are rehashing a 1898 court case. Native Americans were not granted citizenship in that particular case, but infants of non-citizens born in the US were. It took an act of congress in 1924 to grant them citizenship. Hence, they are saying that citizenship is not allowed to infants born to non-citizens.

This is a pretty crafty legally maneuvering. However, it is not about making Native Americans non-citizens. It's about showing how the 14th Amendment should not a apply to the births of non-citizens because it didn't apply to Native Americans.