Birthright Citizenship and a Nation’s Responsibility to Its Children

Abstract This brief piece addresses the dispute sparked by Donald Trump’s executive order denying birthright citizenship to two classes of people traditionally included under the citizenship clause of the Fourteenth Amendment. A primary goal is to provide a historical perspective on arguments made by both sides that are too frequently neglected in media coverage of the dispute. The piece does not predict how SCOTUS might rule, but it does make a case for the nation’s responsibility to children who have violated no law. Through textual and historical analysis, it also refutes two law professors who propose an originalist interpretation of the Fourteenth Amendment that supports Trump’s effort to deny birthright citizenship to children born to undocumented immigrants. Drawing on works of literature, this article hopes to clarify the consequences of the complicated legal issues involved, including the bigoted history of previous efforts to restrict birthright citizenship.