Rule of Law - Birthright Citizenship

On January 20, 2025, President Donald Trump signed an executive order aiming to restrict birthright citizenship, a principle rooted in the 14th Amendment, which was ratified on July 9, 1868. The order seeks to reinterpret the amendment's phrase "subject to the jurisdiction thereof," arguing it should exclude children born in the U.S. to parents who are not citizens or lawful permanent residents. This move would deny automatic citizenship to these children, a significant departure from over a century of legal precedent.

This executive action is in direct conflict with the long-standing interpretation of the 14th Amendment's Citizenship Clause, which states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." The Supreme Court's 1898 ruling in United States v. Wong Kim Ark affirmed that children born in the U.S. are citizens, regardless of their parents' nationality. Legal scholars overwhelmingly agree that an executive order cannot override a constitutional amendment, and any such change would require a constitutional amendment or a new interpretation by the Supreme Court. The executive order has faced numerous legal challenges, with courts consistently blocking its implementation, citing its apparent unconstitutionality. The matter is expected to continue through the federal court system.

While we personally question why U.S. citizenship should be an entitlement based solely on place of birth—a policy only about 30 of the world's 195 countries share—our belief in the Constitution is absolute. We swore an oath to uphold it, just as every President, member of Congress, and judge does. The Constitution guarantees this right, and that is the final word. A presidential executive order cannot, does not, and will not override the Constitution. If one wishes to change this, the proper method is to amend the Constitution, as has been done 27 times before. End of story.