Supreme Court showdown exposes shaky case against birthright citizenship
On Friday, the Supreme Court announced that it would hear challenges to President Donald Trump’s executive order to end birthright citizenship. The 14th Amendment automatically makes all babies born on American territory citizens. Trump’s effort to overturn the traditional reading of the constitutional text and history should not succeed.
Ratified in 1868, the 14th Amendment provided a constitutional definition of citizenship for the first time. It declares that "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." In antebellum America, states granted citizenship: they all followed the British rule of jus soli (citizenship determined by place of birth) rather than the European rule of jus sanguinis (citizenship determined by parental lineage). As the 18th-century English jurist William Blackstone explained: "the children of aliens, born here in England, are, generally speaking, natural-born subjects, and entitled to all the privileges of such." Upon independence, the American states incorporated the British rule into their own laws.
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