Birthright Citizenship: The Supreme Court Precedents Loom Large for Trump

To no one’s surprise, Donald Trump’s executive order seeking to challenge longstanding federal policy on birthright citizenship has landed immediately in the courts, where it was swiftly put on ice by federal judges in Maryland and Washington state. Trump’s effort faces daunting legal obstacles, but he at least may succeed in getting his argument before the Supreme Court.

I’ve explained before why I believe that the original public meaning of the citizenship clause of the 14th Amendment protects a broad right to birthright citizenship with only narrow exceptions. Those exceptions do not exclude from citizenship the children of illegal aliens. They most likely do not exclude the children of transients, either.

About the Author

Dan McLaughlin

Dan McLaughlin is a senior writer at National Review Online and a fellow at National Review Institute.

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To no one’s surprise, Donald Trump’s executive order seeking to challenge longstanding federal policy on birthright citizenship has landed immediately in the courts, where it was swiftly put on ice by federal judges in Maryland and Washington state. Trump’s effort faces daunting legal obstacles, but he at least may succeed in getting his argument before the Supreme Court.

I’ve explained before why I believe that the original public meaning of the citizenship clause of the 14th Amendment protects a broad right to birthright citizenship with only narrow exceptions. Those exceptions do not exclude from citizenship the children of illegal aliens. They most likely do not exclude the children of transients, either.