The U.S. Supreme Court is hearing oral arguments on Wednesday regarding President Donald Trump's executive orders to limit birthright citizenship, a challenge to over a century of constitutional interpretation.
The 14th Amendment's Key Phrase
The case centers on the 14th Amendment, ratified in 1868 after the Civil War, which grants citizenship to all persons born or naturalized in the U.S. "and subject to the jurisdiction thereof." The meaning of "subject to the jurisdiction" is disputed.
- Trump Administration's View: Solicitor General D. John Sauer argues the phrase excludes children of undocumented immigrants or those temporarily present, as it was originally meant for freed slaves.
- Challengers' View: ACLU attorney Cecillia Wang contends it simply means subject to U.S. laws, and birthright citizenship has been a constitutional bedrock relied upon by all government branches for generations.
Historical and Political Context
- The amendment's citizenship clause was adopted primarily to grant citizenship to freed slaves and their children.
- Trump's theory was once considered fringe but aligns with his campaign promise to curb immigration, pushing legal boundaries since reclaiming power.
- Both sides presented arguments in court, with the decision potentially affecting the status of thousands of children born in the U.S.