Category: Social issues

President Trump has moved to constrain birthright citizenship, and a number of constitutional scholars have questioned whether the 14th Amendment in fact requires it. They make serious arguments, but they ultimately misconstrue the 14th Amendment. According to the best reading of the text, all individuals born on American soil are American citizens. The marginal exceptions to this rule tend to prove the rule rather than refute it.

The Originalist Case for Birthright Citizenship

President Trump has moved to constrain birthright citizenship, and a number of constitutional scholars have questioned whether the 14th Amendment in fact requires it. They make serious arguments, but they ultimately misconstrue the 14th Amendment. According to the best reading of the text, all individuals born on American soil are American citizens. The marginal exceptions to this rule tend to prove the rule rather than refute it.

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