The Fallout From Trump v. Barbara

The Post Email Newspaper ^ | 22 Aug 2026 | Joseph DeMaio

[CDR Kerchner]

(Aug. 22, 2026) — INTRODUCTION

The recent SCOTUS decision in Trump v. Barbara – holding, among other things, that if born here on U.S. soil, the child of an illegal alien or a foreigner unlawfully present here is nonetheless a U.S. citizen – continues to produce fallout. While technically not radioactive, the fallout is nonetheless unhealthy to the continued wellbeing of the Republic. If you doubt that, just read the dissenting opinions of Justices Thomas and Alito and the partial dissent of Justice Kavanaugh.

Your humble servant has addressed the decision and the shortcomings of the majority opinion here. The following offering will take a slightly “deeper dive” into the potential impact of the decision on future scholarship and analysis of the relationship between a “citizen” for 14th Amendment purposes, post-Barbara, and a “natural born Citizen” (“nbC”) as understood and adopted by the Founders in Art. 2, § 1, Cl. 5 of the Constitution itself, the “Presidential Eligibility Clause.”

While the Barbara decision addresses who may constitute a U.S. “citizen” under the 14th Amendment, it is a long way from being determinative of what the Founders considered to be an “nbC” when the Constitution was drafted, adopted and ratified “back in the day.” Stated otherwise, while the 14th Amendment “citizen” and Eligibility Clause nbC issues are different, the two concepts are not totally unrelated. ... continue reading at: https://www.thepostemail.com/2026/08/22/the-fallout-from-trump-v-barbara/

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TOPICS: Chit/Chat; History; Military/Veterans; Miscellaneous
KEYWORDS: birthrightcitizen; constitution; naturalborncitizen; trumpvbarbara

[17th Miss Regt]

Imagine there is a war and a draft needed. We can draft the those who were anchor babies to fight for us. If they are living abroad, we can still draft them. They owe that to the republic as citizens! When they don’t show up, we can charge them for draft dodging. If they are caught in the USA, they can be prosecuted and imprisoned and they know it.

(Not gonna happen, of course, but the idea is to prevent mommies from coming here and dropping a kid on US soil.)

[oldtech]

I am , in the true sense of the word, a real honest natural born citizen. Both parents were born in the USA, their parents before them, & myself born of them ...all in the USA.
That is as it should be, I think with possible exception of the grandparents necessarily being born here. Just my opinion.

[j.havenfarm]

17th generation here. Descendant of conquistadors. My seventh great grandmother was the first to become an American citizen. A member of one of the founding families of St Louis, she became a citizen on March 10, 1804 when the American flag was raised over St Louis.

I’m still tolerant of all you Johnny-come-latelies, though

[PIF]

There is no extradition for the thousands of Chinese anchor babies.

[FamiliarFace]

Very cool! On my mom’s side I’m second generation American. Not sure on Dad’s side, as he was adopted, and the genealogy there is less accurate. I think 3rd generation on that side. Thanks for not pushing us newbies away!

[FlingWingFlyer]

Illegal alien embryos born in America are Government Approved Anchor babies. Not Americans.

[pierrem15]

The court's decision ignores the fundamental difference between those accidentally born under US jurisdiction and those substantially born under US jurisdiction.

Children born in the US to US citizens and permanent residents are substantially under US jurisdictions. Those born to temporary visitors and illegals are not. They just happen to be here.

[BamaBelle]

I descend from a Ensign Thomas Washer, 1619 resident of Jamestown, on one side and speculated but not yet proven from John Alden of Mayflower on the other side...so definitely natural born...lol

[j.havenfarm]

We got here around 1590. As I said, I’m very tolerant of you latecomers

JK. I’m proud to be your fellow deep-rooted American

[enumerated]

What about all your other great-great-great-greats?

My point being (more of a question): is it enough to have one ancestor on each side in order to claim original settler status?

I have some ancestors who fought Indians in the Great Lake regions back in the 1600s, others who came later or married someone who came later.

A person normally has four grandparents, eight greats, sixteen great-greats, 32, 64, etc.. so if we're talking 1600s, that's a lot of ancestors.

I guess a person could have several ancestors who came over on the Mayflower and yet still not be natural born if one parent was born elsewhere?

My grandfather was a solid American but they happened to be in Durban SA when my father was born.

[Brian Griffin]

The federal government could limit federal welfare benefits to persons under age 18 to medical care.

Tax credits could be limited to citizens.

An anchor baby should not be able to support a family on federal welfare dollars.

[Flatus I. Maximus]

> My grandfather was a solid American but they happened to be in Durban SA when my father was born.

Cool! That makes you an African-American! Cash in on it!

[Nateman]

When I see a decision that makes me angry, it often uses the 14th Amendment to justify it . It took a civil war to add it. Its purpose has long since past. The Black slaves it was meant to protect are long since dead. It is now being used by enemies of the Republic. Mozlems use it to protect their intolerance. This latest outrage , using it to justify anchor babies is even beyond the explicit instructions by those who drafted it. Just repeal it and let the individual states deal with Civil right issues on their own.

[thecodont]

When they don’t show up, we can charge them for draft dodging. If they are caught in the USA, they can be prosecuted and imprisoned and they know it.

Britain tried to do that to U.S. citizens (impressment) in the War of 1812.

Because voluntary enlistments could never satisfy the demand for sailors, the British resorted to the use of press gangs to forcibly place men into service. As many as half of all seamen manning the Royal Navy were impressed. About 10,000 Americans found themselves impressed into service during the Napoleonic Wars. The British argued that the sailors it impressed had escaped from their navy. When Americans protested against the seizures, British authorities justified their practice by arguing that being a British subject took precedence over claims of American citizenship.

https://www.nps.gov/articles/impressment.htm

[Miami Rebel]

Welcome to Fantasy Island!

As if the vague prospect of a draft will disincentivize a mother.

[sauropod]

bkmk

[BamaBelle]

No of course not! I hope I didn’t imply that. I was just naming my oldest known ancestors on each side, but for the record I think all of my family was here by the early to mid-1700s. Offhand I can’t think of a branch coming later than that.

[TLI]

1560s here.

No immigrants in the family.

We were here before there WAS a USA.

I guess that makes me a “Native American.”

.

[combat_boots]

Dayum, Son