Sadly, I agree. This is a hard-stop moment. Birthright citizenship was added by the 14th amendment in 1868 to give citizenship rights to the newly freed slaves. The amendment overruled Dred Scott v. Sandford, which held that black people could not be American citizens, either enslaved or free. The plain language of the amendment is clear and unambiguous, “All persons born . . . in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” It has consistently been construed as applying the principle of jus soli—right of the soil, as opposed to jus sanguinis—right of blood, which looks to the nationality of the parents to determine citizenship. Simply put, if you were born on American soil, you are an American citizen. Anything less than a unanimous decision rejecting Trump’s efforts to destroy the Constitution would be deeply troubling. If birthright citizenship falls, there is no longer a binding Constitution.
Sadly, I agree. This is a hard-stop moment. Birthright citizenship was added by the 14th amendment in 1868 to give citizenship rights to the newly freed slaves. The amendment overruled Dred Scott v. Sandford, which held that black people could not be American citizens, either enslaved or free. The plain language of the amendment is clear and unambiguous, “All persons born . . . in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” It has consistently been construed as applying the principle of jus soli—right of the soil, as opposed to jus sanguinis—right of blood, which looks to the nationality of the parents to determine citizenship. Simply put, if you were born on American soil, you are an American citizen. Anything less than a unanimous decision rejecting Trump’s efforts to destroy the Constitution would be deeply troubling. If birthright citizenship falls, there is no longer a binding Constitution.