Who Is a Citizen of the United States?

The topic of discussion for this Constitution Monday is birthright citizenship. President Donald Trump caused a ruckus on his first day in office by an executive order revoking the automatic guarantee of American citizenship for any child born on U.S. soil. The citizenship of the parents did not matter – just the place of birth. Carlos Garcia at The Blaze shared the following information. 

Trump issued the Protecting the Meaning and Value of American Citizenship executive order on his first day in office of his second term. The order prohibits granting citizenship to persons born in the country to mothers illegally or temporarily in the U.S. and whose father is not a U.S. citizen or a lawful permanent resident.

Opponents of birthright citizenship say it stems from a false reading of the 14^th Amendment, which was intended to apply only to former slaves when it was ratified in 1868 after the Civil War.

A class-action lawsuit was almost immediately filed by the American Civil Liberties Union (ACLU) on behalf of children who would be affected by the policy. In July, a lower court struck down the restrictions, but the Trump administration appealed to the Supreme Court. On Friday, the U.S. Supreme Court agreed to hear arguments for and against Trump’s executive order.

Garcia continued by quoting Blaze TV host Mark Levin: “Congress has never passed a federal statute that confers birthright citizenship. So it’s not in the Constitution, it’s not in federal law, it’s not in the legislative history, and yet it is being used.”

According to Garcia, Levin continued by saying, “Birthright citizenship is the argument, is the position, is the policy the Democrat Party holds on to because they want monopoly power for all time, … and they don’t care if it’s foreigners or not.”

Garcia also shared the opposing viewpoint: “Supporters of the policy point to the longstanding precedent of automatically granting citizenship to babies born in America. ‘No president can change the 14^th Amendment’s fundamental promise of citizenship,’ said ACLU legal director Cecillia Wang. ‘We look forward to putting this issue to rest once and for all in the Supreme Court this term.’”

The announcement that the Supreme Court would hear oral arguments on the birthright citizenship issue is big news in many corners. Fred Lucas at The Daily Signal reported on the circumstances as follows: 

Trump’s order has not gone into effect, since courts previously blocked it.

This has the potential to overturn a Supreme Court precedent going back to 1898, when the majority upheld birthright citizenship under the 14^th Amendment, which was enacted to grant citizenship to freed slaves after the Civil War.

Several left-leaning immigration groups, along with 22 states, sued to overturn Trump’s executive order that he signed on the first day of his second term.

In one sentence about the case, the court issued an order Friday saying, “Trump, president of the U.S. et all v. Barbara, et al. The petition for a writ of certiorari before judgment is granted.” …

The provision of the 14^th Amendment states, “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.”

The point of contention in the case is the phrase, “subject to the jurisdiction thereof,” which Solicitor General D. John Sauer has argued was misinterpreted by the court’s late 19^th century ruling.

More than 22 U.S. states and immigrants’ rights groups have sued the Trump administration to block the change to birthright citizenship, arguing in court filings that the executive order is both unconstitutional and “unprecedented.”

Long time readers know that I have been calling for an end of birthright citizenship since I began writing this blog in 2009. Those same readers know that I was shouting for joy when I learned of the executive order signed by Trump. Now I am shouting for joy again because the U.S. Supreme Court agreed to hear arguments on Trump’s attempt to end birthright citizenship. The oral arguments will be heard next spring with a decision expected by summer.

I am not foolish enough to believe that birthright citizenship is dead. However, I am grateful to know that the issue will finally be debated in the Supreme Court. Will the justices allow only a narrow decision about the Trump executive order, or will they make a wider willing on birthright citizenship – for or against? Will the justices determine for the last time what “subject to the jurisdiction thereof” really means. Only time will tell, but one way or another, we may have a final end to this discussion.