EXECUTIVE SUMMARY: THE CONSTITUTIONAL GENIUS OF 1866

TO THE HONORABLE JUSTICES OF THE SUPREME COURT:

This Amicus Curiae filing is submitted to resolve the central question of the 2025-2026 Term regarding Birthright Citizenship by illuminating the Mandatory

Enforcement Engine of the Civil Rights Act of 1866—the statutory bedrock upon which the Fourteenth Amendment rests.

1. THE JURISDICTIONAL MANDATE Amicus demonstrates that the 1866 Act was not a mere declaration of rights, but a Military/Executive

   Command. Building upon the 1861-62 Confiscation Acts and the Emancipation Proclamation, the 39th Congress placed the liberated class under

   the direct jurisdiction of the President as Commander-in-Chief. Section 9 of the Act authorizes the “Sword of the Nation” (the land and naval forces)

   to prevent “repressive acts of omission” by state or federal actors.

2. THE “CROWN JEWEL” OF INTENT The intended scope of national citizenship is settled by the March 27, 1866, Veto Message of President

   Andrew Johnson. In this “Hostile Admission,” Johnson conceded that the Act made “citizens of the colored race” and complained of the “vast power” it

   granted the Executive to protect them. By overriding this Veto, Congress constitutionally mandated that the Federal Government “recognize and

   maintain” this citizenship status as a permanent, non-discretionary duty.

III. THE CRIME OF OMISSION Under Sections 4 and 5 of the Act, federal officers are commanded to “institute proceedings” against those who deprive citizens

of their rights. Any failure to act is an “act of omission” punishable by a $1,000 fine. Consequently, any executive attempt to narrow or ignore the birthright

citizenship of the intended Beneficiaries is not a matter of policy discretion, but a violation of the Law of the Land.

CONCLUSION Amicus respectfully urges this Court to uphold the original, mandatory intent of the 39th Congress and ensure that the “Shield of the Nation”

remains unbroken for all those born under its jurisdiction.