Congress clearly sought to remove race-based barriers to citizenship and enshrine birthright citizenship into the Constitution—but not for virtually any person born on U.S. soil under virtually all circumstances, as many people today believe. Instead, the men who drafted and debated the clause understood that birthright citizenship belongs only to the U.S.-born children of parents who, like the freed slaves, owe this nation their political allegiance and are subject to the fullest extent of its political jurisdiction.
Moreover, the lawsuits seeking to stop it are riddled with flawed arguments that badly mischaracterize the 14th Amendment’s legislative and legal history. In the last year of near-constant litigation seeking to stop Trump’s order from going into effect, the arguments put forward by advocates of universal birthright citizenship haven’t improved.
On the other hand, as more and more scholars have taken a serious look at the historical record, they’ve increasingly unearthed evidence that undermines the universal birthright citizenship narrative and significantly bolsters the Trump administration’s position.
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Article URL : https://www.dailysignal.com/2025/12/10/trumps-case-birthright-citizenship-is-stronger-now-than-ever/