Understanding the Fight Over Birthright Citizenship

Tom Klingesntein ^ | 02/17/2025 | John Fonte

[PoliticallyShort]

President Trump has placed this once relatively obscure legal issue into the public square of American political democracy. He has, in essence, democratized the issue. Automatic birthright citizenship is no longer solely a technical question confined to legal elites, but a vital political and policy issue, a space where the people’s voice should be heard. Trump’s executive order and the proposed congressional legislation mean that the democratically elected branches of government have joined the conversation in deciding the critical question of who should or should not automatically become an American citizen.

This is not a transient issue that will simply disappear. If congressional efforts to end automatic birthright citizenship fail in 2025 (due, perhaps, to a filibuster), there is no reason to assume that these efforts will not resurface. The question has become a major political, constitutional, and, indeed, “regime” issue.

It is a regime issue because the status quo is at odds with a central concept of the historic American regime: government by consent of the governed. Today, the unlawful actions of millions of illegal aliens who enter our country without the consent of American citizens ultimately determine who is a citizen of the United States. But, who should determine American citizenship policy? Who should be the deciders? American citizens through the democratic process or millions of illegal aliens through non-consensual entry into the territory of the United States?

[hinckley buzzard]

I think Trump is right on the issue, but how it can be implemented idk. Getting cOngress to legislate this is a tall order. We’ll see, and then what SC says.

[PoliticallyShort]

Indeed. Those smarter than I will need to figure this one out.

[tumblindice]

Here’s the EO: https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/
Of course the left—and their cheep labor rino allies—immediately mobilized their Lawyer Army who blocked it using the usual suspects: their friendly district courts.
So it goes to the appeals court, then the SCOTUS.
The 14th was intended to protect the rights of freed slaves in the 19th century, much like the provision excepting Americans born as British subjects as eligible for the presidency.
Not the democrats’ 21st century slaves and unborn Chinese babies flown in, dropped, then flown back to China. My 2¢.

[alloysteel]

What is “American”, anyway?

There are real Americans, and there are “Americans in name only”, who only hold citizenship because of the accident of being born on US soil.

If a mother cat gives birth to kittens in the open oven of an old cookstove, that does not make them biscuits.

[kaktuskid]

Two words….. Birth Tourism

[TiGuy22]

I’ve had stupid lefties tell me that if a person enters our country for any reason they are subject to our laws, therefore, “subject to the jurisdiction thereof”.

[joshua c]

happy to see it adjudicated

now do nbc for president

[Mean Daddy]

I think Congress is slowly realizing that they’ve outsourced their power to agencies to avoid accountability & with Trump shining the light, there may be more of an appetite to make changes.

[Vaduz]

Check all Birth certificates records of Citizenship deport as required if not a Citizen parent.

[DiogenesLamp]

I’ve had stupid lefties tell me that if a person enters our country for any reason they are subject to our laws, therefore, “subject to the jurisdiction thereof”.

Tell them everyone on the planet is subject to our laws, because if they break American laws, we will come get them even though they've never been here.

[ro_dreaming]

That’s what the UK and Germany thinks is true, anyway, of their laws.

[ViLaLuz]

Then why don’t those geniuses support illegals being held accountable?

[Albion Wilde]

bump