Birthright citizenship and the 14th Amendment
On Tuesday President Donald Trump announced plans to draft an executive order that would deny birthright American citizenship to children born in the United States to non-citizen parents. This proposed change to America’s citizenship norms runs counter to the U.S. Constitution, specifically the 14th Amendment, which reads:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Clearly, suggesting that a person born in the United States is anything other than a full-fledged United States citizen is a blatant contradiction of the plain text and original meaning of the 14th Amendment.
Should this executive order materialize, Congress should reject the executive’s action and assert its Article I powers to, if appropriate, debate and vote on the issue in the People’s House.
Furthermore, all federal courts would have an obligation to uphold the clear meaning of the 14th Amendment and to strike down this unconstitutional proposed executive order.
Read more about the announcement here: Trump vows executive order to end birthright citizenship, a move most legal experts say would run afoul of the Constitution