A Salient Brief On the Proper Us of The 14th Amendment, Civil Rights Act of 1866 Birthright Citizenship

Greetings, Ms. Claudia Salina, Shalom!

This is Ted Hayes, a friend of Brandon Spencer’s dad for many years.
Mr. Spencer informs that you have taken a keen interest in/of the 1866 Civil Rights Act-14th Amendment in the matter of Brandon’s case.

As I was supposed to have sent such material back in October 2025, matters got away from me.

However since he alerted me to this development, I have prepared to information, with assistance of AI, primarily for fact-checing, our theory, as we have always known this matter to be true, but untimely, as most US citizens, particularly those documented as the exclusive, Subject Beneficiaries, and legite, legal and moral Inheritors or what that most historical, consequential generate bequeathed them.

Skin color and/or ethno-racial identity, etc., was not, nor ever will be, the identifying factor, regardless of such identities, legal or illegal, of willing immigrants who came and do continue to America, whereas federal citizens were/are the only Americans made so by the force of chattel slavery and its subsequent, generational aftermaths.

Presently, in line with the Spencer case, I have been preparing an Amicus Curiae Brief to the US Supreme Court on this most consequential matter of the 14th Amendment-1866 Civil Rights Act of federalized citizenship to the Freed and Freemen and their descendant babies and children, i.e., today’s American Africans.

Therefore, I would like to do so in the Brandon Spencer case, either by presenting a formal brief or by sharing the salient points to contend in court.

Frankly, based on Section 3, and perhaps, Section 2 of The Act, locked into the Constitution by the 14th Amendment, due to the fact that the young Brandon, not only does his sentence violate the 8th Amendment, but most grievously, that of the 1866 Civil Rights Act.

In my non-professional, humble opinion, as a Brandon attorney, according to Section 3, you can remove his case from local jurisdiction to the District Court, and if necessary, which it just may do, to the US Supreme Court itself, based on Section 10.

Based on this and other related, interconnected federal laws that I will refer you to later, what has unjustly occurred to Brandon is a clear case for why the architects of the federal government, under Section 3. Brandon did not, and has not, received his jus due, and may be owed compensation.

The winning of the particular case is the most significant historical development in the 405 years saga of American Africans’ plight to finally, not just in legal documents, EXPERIENTIALLY experience, as promised by The Promisory Note, “equal justice/protection under the law”, US citizenship, “as is enjoyed by white citizens”, i.e., willing immigrants (The Act, Sec. 1).

Note- While “I Have A Dream” speech is not legally binding documentation, its addresses them, such as the Emancipation Proclamation, the opening of this iconic speech, saying,

“In a sense, we have come to our nation’s capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir.

This note was a promise that all men would be guaranteed the inalienable rights of life, liberty, and the pursuit of happiness.

It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are concerned.

Instead of honoring this sacred obligation, America has given the Negro people a bad check which has come back marked “insufficient funds.”

But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation.

So we have come to cash this check — a check that will give us upon demand the riches of freedom and the security of justice.

Such is an experience that American Africans, especially as US citizens, have never experienced as a people.

This initial win is the landmark precedent and template for other myriad of such cases throughout America’s penal system as it relates to African American federal citizens.

I. First Principles: What the 14th Amendment Was — and Was Not

The 14th Amendment (1868) was not an immigration policy.
It was a constitutional repair instrument, drafted with surgical precision to correct one specific evil:

The permanent exclusion of formerly enslaved American Africans from U.S. citizenship after the Civil War.

It was a direct response to:

The Dred Scott decision (1857)
Black Codes
Southern state defiance of emancipation
Federal concern that freed slaves would remain stateless in the land of their birth

The Amendment’s Citizenship Clause constitutionalized what Congress had already declared two years earlier in statute.

II. The Civil Rights Act of 1866: The Controlling Interpretive Key

The Civil Rights Act of 1866 is the interpretive compass of the 14th Amendment.

It declared citizens to be:

“All persons (i.e., US citizens) born in the United States and not subject to any foreign power, excluding Indians not taxed…”

This language is decisive.

Congress was explicit:

Citizenship applies to those born into U.S. jurisdiction AND allegiance
Not to persons who are subjects of a foreign sovereign
Not to temporary sojourners
Not to persons present in violation of U.S. law

The 14th Amendment did not expand this definition — it locked it into the Constitution so hostile states could not undo it.

For decades, it has been customary to think and say that “the 14th Amendment is the citizenship clause for American-Africans”.

While sounding correct, such understanding is patently not true, a misconception that allowed for much confusion and abuse against the federal law’s actual Subject Beneficiaries.

III. “Subject to the Jurisdiction Thereof” — Meaning Then, Not Now

In 1866–1868, “jurisdiction” meant:

Complete political allegiance
Obedience + protection
No competing sovereign claim

It did not mean:

Mere physical presence
Crossing a border unlawfully
Hospital-room geography
Convenience-based citizenship

To pretend otherwise is historical malpractice, evidenced by the horrid, disproportionate, opposite of the remedial benefits due them, condition of the chattel slave descendants, et al.

IV. Who the Amendment Was Written For

The true and sole intended beneficiary class of the Citizenship Clause was/is:

U.S.-born, formerly chattel enslaved American Africans — chattel slave descendants — permanently severed from all foreign allegiance by the force of slavery law.

They were:

Born on U.S. soil
Held as chattel slaves under U.S. law (unlike willing immigrants, whether legal or illegal according to US federal law, who willingly came into the USA, whereas American African slaves were not willing immigrants.

Hence, this federal law is intended exclusively for the Freedmen, not by the force of skin color or ethno-racial identity, but by experience of entry into America.
Taxed, policed, punished
Yet denied political membership

The Amendment exists because, for generations, i.e., 245 years, Slave Babies, American persons born in America, were denied Birthright Citizenship.

This, despite being under the Union Republic’s total jurisdiction and allegiance, is far more than any other group of Americans.
Even fighting and dying in its wars, of which they having nothing to do with its starting.

V. The Anchor Baby Doctrine: A Modern Inversion

The modern doctrine of automatic citizenship for children of illegal entrants:

Inverts the Amendment
Erases its historical purpose
Transfers its benefits to a group it was never written for

An illegal entrant:

Owes allegiance to another nation
Has violated U.S. law
Is not fully subject to U.S. political jurisdiction
Can be removed by executive action

To grant automatic citizenship here is to convert the 14th Amendment from:

a shield for the formerly enslaved
into
a reward mechanism for unlawful entry

VI. The Zero-Sum Reality: Who Loses

Citizenship is not metaphysical poetry. It is:

Political power
Resource access
Representation
Legal standing

When the Amendment is reinterpreted to favor Anchor Babies, the cost is borne by:

Descendants of slavery
Long-marginalized Black citizens
Communities already underrepresented
The original constitutional beneficiaries

This is not theoretical. It affects:

Census apportionment
Electoral weight
Federal funding
Civil rights enforcement
Labor markets

Slave Babies remain under-repaired while new claimants leapfrog over them.

VII. Constitutional Damage

If the Supreme Court affirms the anchor-baby doctrine, the damage is severe:

Textual Damage
“Subject to the jurisdiction” is reduced to a nullity.
Structural Damage
Congress’s power over naturalization is silently transferred to chance biology.
Historical Damage
The Reconstruction Amendments are severed from the realities of Reconstruction.
Moral Damage
The nation once again exploits Black suffering as a rhetorical tool while denying Black repair.
Constitutional: The Most Important
By this one “pulled thread”, the whole fabric of the US Constitution will unravel, hence, destroying the nation under GOD

VIII. The Supreme Choice Before the Nation

The Court faces a civilizational question:

Will the 14th Amendment remain a Reconstruction remedy or become a border-erasing loophole?

Choosing Anchor Babies over Slave Babies:

Rewrites history
Rewards illegality
Betrays Reconstruction
Weakens national sovereignty
Leaves the original wounded unhealed
Betrays the very essence of Americana Ideal, under GOD,
thereby offending the Central Figure of the Declaration of Independence.

IX. Your Core Position, Summarized

The 14th Amendment is not about immigration
The Civil Rights Act of 1866 controls its meaning
Birthright citizenship was meant to secure freed slaves, not incentivize border violation
Automatic citizenship for illegal entrants’ children is constitutionally unsound
The true victims of this distortion are American chattel slave descendants
Upholding the anchor-baby doctrine further fractures the Constitution and the nation

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