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Much of the information in this post came from brilliant constitutional lawyer and best-selling author, Mark Levin, in his “Life, Liberty, and Levin” TV program on January 25, 2025.
President Trump issued an Executive Order, dated 1/20/25, banning “birthright citizenship”. In the past, anyone born on U.S. soil was automatically a citizen. The authority for this was said to be the Fourteenth Amendment to the U.S. Constitution. However, birthright citizenship has been abused with women from countries all over the world coming to the U.S. in their eighth month of pregnancy and having their babies on U.S. soil and thereby instantly becoming U.S. citizens. Let’s take a look and see how this situation evolves.
According to Mark Levin, it all began with the Dred Scott v. Sanford Supreme Court decision in 1857 which contained an opinion from the presiding judge that freed slaves were not U.S. citizens. In response, the Civil Rights Act of 1866 was passed by Congress shortly after the end of the Civil War giving birthright citizenship to the freed slaves. However, this was not deemed good enough so the 14th amendment to the constitution was passed in 1868 to reiterate what was in the Civil Rights Act. It contained two measures: 1) being born in the U.S. and 2) being subject to the jurisdiction of the U.S. However, you need to see for yourself. Here’s the exact wording of Section 1 of the Fourteenth Amendment:
“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.”
Interpretation of this provision has historically been unimpressive and has never been reviewed by the Supreme Court so the issue needs to be clarified by it. Many political activists ignore the second measure and therefore arrive at an erroneous conclusion. We’ll see what the U.S. Supreme Court decides.
