how far back in english common law does birthright citizenship go

Birthright citizenship in English common law traces back to the seventeenth century , especially the legal idea that people born under the English crown were natural-born subjects.

How far back

The strongest common-law roots usually cited are from the 1600s , not medieval England. Some modern historians and legal writers also point to earlier colonial practice and broader Roman/European influences, but the English common-law line most often discussed in U.S. citizenship debates is the seventeenth century.

Why that matters

That common-law understanding became important in later American arguments about the Fourteenth Amendment and was discussed in the background of United States v. Wong Kim Ark (1898). In other words, the doctrine did not start with the U.S. Constitution; it was inherited from English legal ideas about birth and allegiance.

Bottom line

If you want the short answer: English common-law birthright citizenship goes back about 300 to 400 years , with its clearest legal footing in the 1600s.

TL;DR: The common-law roots are seventeenth-century English law, later carried into American citizenship doctrine.