politics

April 2, 2026

Birthright Citizenship Has a Long Historical Precedent

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Birthright Citizenship Has a Long Historical Precedent

TL;DR

  • Donald Trump was the first sitting president to attend Supreme Court arguments, which concerned his executive order to end birthright citizenship.
  • The proceedings and historical context suggest the Supreme Court will uphold the long-standing rule of birthright citizenship in the U.S.
  • The 14th Amendment, its drafting history, common law tradition, and 127 years of Supreme Court precedent all support birthright citizenship.
  • Arguments against birthright citizenship based on the phrase 'subject to the jurisdiction thereof' in the 14th Amendment are considered historically and textually implausible.
  • The Supreme Court case *United States v. Wong Kim Ark* (1898) affirmed citizenship for children born in the U.S. to non-citizen parents.
  • Critics argue that ending birthright citizenship would not solve immigration problems and would create a class of stateless individuals, akin to second-class citizens in other nations.
  • The Constitution's amendment process is presented as the proper channel for the American people to change the principle of birthright citizenship if they deem it necessary.

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