President Donald Trump has sparked a heated debate with the signing of an executive order aimed at potentially stripping certain newborns of their U.S. citizenship, challenging the fundamental constitutional right of birthright citizenship. This move has sent shockwaves through the nation, raising concerns and fears among expectant couples across the United States.
The 14th Amendment, a cornerstone of U.S. citizenship law, guarantees that anyone born in the United States automatically becomes a citizen, regardless of their parents’ status or background. This right, established in 1868 after the Civil War, was intended to ensure citizenship for all individuals, including Black Americans. Trump’s executive order proposes a reinterpretation of this amendment, suggesting that it has been misinterpreted over the years. The order, slated to take effect in 30 days, would not apply retroactively.
### Birthright Citizenship: A Constitutional Guarantee
The concept of birthright citizenship rests on two traditional principles: “jus soli” (right of the soil) and “jus sanguinis” (right of blood). Birthright citizenship asserts that any child born within the United States or its territories is automatically a U.S. citizen, with few exceptions. This constitutional provision applies regardless of race, ancestry, or the immigration status of the child’s parents.
The 14th Amendment, Section 1, explicitly outlines this right, stating that all individuals born or naturalized in the United States and subject to its jurisdiction are U.S. citizens. This amendment, ratified in 1868, overturned the infamous Dred Scott decision and has been upheld through landmark Supreme Court cases, such as United States v. Wong Kim Ark in 1898.
### Can Trump Alter the Constitution?
Despite the controversy surrounding Trump’s executive order, altering the Constitution requires a formal amendment process. A president cannot unilaterally repeal or modify a constitutional provision through executive action. To amend the Constitution, a two-thirds majority in both the House and Senate, along with approval from three-fourths of the states, is necessary. This process is rigorous and rarely successful, underscoring the gravity of any proposed changes.
### Legal Challenges and Defending American Values
In response to the executive order, legal challenges have already been mounted against the Trump administration. The American Civil Liberties Union (ACLU) and other groups have filed lawsuits, condemning the order as unconstitutional and antithetical to American values. Connecticut Attorney General William Tong, along with counterparts from 17 states, the District of Columbia, and the City of San Francisco, have taken legal action to challenge the order in federal court.
The ACLU has denounced the executive order as an assault on birthright citizenship, a core component of American identity. Anthony D. Romero, executive director of the ACLU, expressed confidence in prevailing against what he deemed a “reckless and ruthless repudiation of American values.” Similarly, Attorney General Tong emphasized the sanctity of the 14th Amendment, affirming that birth on American soil unequivocally confers American citizenship.
As the nation grapples with the implications of this executive order, the foundational principles of citizenship and constitutional rights are at the forefront of the debate. The legal challenges mounted against the order underscore the enduring commitment to protecting fundamental rights and upholding the rule of law.
