The 14th Amendment Debate: The History and Future of Birthright Citizenship in America.
The principle of birthright citizenship, enshrined in the 14th Amendment of the U.S. Constitution, has been a cornerstone of American identity since its ratification in 1868.
This provision grants citizenship to "all persons born or naturalized in the United States, and subject to the jurisdiction thereof," ensuring that birthplace, rather than parentage, determines one's national belonging.
The 14th Amendment was adopted in the aftermath of the Civil War, primarily to secure citizenship rights for formerly enslaved individuals. Its Citizenship Clause was a direct response to the Dred Scott v.
Sandford decision of 1857, which denied citizenship to African Americans. By affirming that anyone born on U.S. soil is a citizen, the amendment sought to establish an inclusive and unequivocal standard for national membership.
In 1898, the U.S. Supreme Court case United States v. Wong Kim Ark further solidified this interpretation. The Court ruled that children born in the United States to foreign parents are citizens by birthright, reinforcing the broad application of the 14th Amendment's Citizenship Clause.
In recent years, the concept of birthright citizenship has faced political scrutiny. Notably, in January 2025, President Donald Trump issued an executive order aiming to end automatic citizenship for children born to non-citizen parents.
This action sparked immediate legal challenges, with critics arguing that such a change contradicts the clear language of the 14th Amendment and exceeds executive authority.
Federal courts have consistently blocked attempts to alter birthright citizenship through executive action. For instance, the U.S. Court of Appeals for the Ninth Circuit recently rejected an emergency bid to curtail birthright citizenship.