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The case against birthright citizenship seems straightforward and persuasive. Is it really right for an eight-month pregnant Mexican woman to illegally cross the Rio Grande, give birth, and be allowed to stay in America because her newborn child is now a natural born citizen? By the same token, is it just for a Chinese millionaire to have 100 children by surrogacy, arrange for them to be born in the US, and then move them back to China, where they are now US citizens and can later vote in US elections? That’s crazy, right? And these are not hypothetical or imaginary...

Democrats love screaming ‘14th Amendment guarantees birthright citizenship to everyone born here!’.. But look what the actual author of the Citizenship Clause, Senator Jacob Howard (R-MI), said in 1866: ‘This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers… but will include every other class of persons.’

(Apr. 3, 2026) — Well, the oral arguments in Trump v. Barbara, the “birthright citizenship” case, are over and the matter is now under advisement with SCOTUS. Interested readers can view the transcript here. And as usual, the armchair pontificators are busily at work tapping out their predictions on their keyboards…, not unlike your humble servant. And the fact that President Trump attended the event (although he left before it was over…, arguably not the wisest or most courteous move…, where is Susie Wiles when you need her…?) rendered it even more interesting. Your servant has made his views known...

[snip] Hill introduced Shan Wu as a “defense attorney and former federal prosecutor”—leaving viewers unaware that he served as a prosecutor and adviser to Janet Reno in the Clinton Justice Department. Wu dismissed arguments advanced by John Eastman as “pretty unsound,” before escalating: SHAN WU: The very creation of the 14th Amendment was meant to combat racism. And really, implicitly, people who are challenging that clause are really espousing a racist viewpoint. It’s very hard to get around that… just because you have a legal argument doesn’t mean it’s not racist.Rather than challenge the sweeping accusation, like this argument couldn't...

(Mar. 20, 2026) — As we enter the final days leading up to the oral arguments in Trump v. Barbara, it may be prudent to review the briefs on the merits of President Trump and his opponents, as well as the myriad amicus curiae (“friend of the court”) briefs that have been filed. To begin with, as your humble servant has posited here, the merits Opening Brief of the President, authored by Solicitor General D. John Sauer, is not merely persuasive, it is compelling. Read it for yourself. And as for the opposition’s merits brief, your servant has made his...

(Jan. 26, 2026) — INTRODUCTION As dedicated P&E readers are well aware, there is now pending in the Supreme Court the case of Trump v. Barbara. The case involves a challenge to President Trump’s Executive Order 14160 regarding the meaning of “birthright citizenship” under the 14th Amendment. Following a post by the intrepid P&E Editor here, your humble servant addressed the issue here. The Supreme Court granted certiorari review as to one of the two cases where President Trump had petitioned for review on Dec. 5, 2025. Now, the matter is proceeding before the Court through briefing of the merits...

(Oct. 26, 2025) — INTRODUCTION Well, well, well… some sanity and rational thought may at last be seeping into the question and analysis of the so-called “birthright citizenship” issue under the 14th Amendment. As discussed by your humble servant earlier this year here, the 14th Amendment birthright citizenship issue is different, but closely related, to the “natural born Citizen” (“nbC”) issue under Art. 2, § 1, Cl. 5, the Constitution’s “Eligibility Clause.” Because that which follows may become convoluted, readers may wish to keep a supply of their favorite caffeinated beverage nearby. As a preliminary matter, that clause, of course,...

(Sep. 12, 2025) — Introduction As the “birthright citizenship” issue strolls its way through the lower federal courts, its related “kissing cousin” issue – the “natural born Citizen” (“nbC”) presidential eligibility restriction – remains on a back burner, simmering in a pot of widespread electorate, academic and media indifference. Happily, one of the few Internet sites where these issues are not treated so casually is the one you are now visiting: The Post & Email. To that point, two recent federal appellate court decisions may play a significant role in again bringing the nbC issue to a front, instead of...

(Dec. 15, 2024) — On Saturday’s edition of “Life, Liberty & Levin,” host Mark Levin’s opening monologue immediately focused on immigration and “national identity,” quoting from works by political scientist and Pres. Jimmy Carter adviser Samuel P. Huntington and historian and JFK presidential adviser Arthur M. Schlesinger, Jr. “In a variety of ways,” Huntington wrote in “Who Are We?: The Challenges to America’s National Identity (2005),” Levin quoted, “the American establishment, governmental and private, has become increasingly divorced from the American people,” causing those in power to morph into “an unrepresentative democracy” by opposing the will of those who placed...

(Dec. 9, 2024) — On Sunday’s “The Big Weekend Show” on the Fox News Channel at 7:00 p.m. EST, co-hosts Dr. Nicole Saphier, Anita Vogel, Jason Chaffetz and Johnny Joey Jones reacted to President-Elect Donald J. Trump’s lengthy interview with Kristen Welker of NBC’s “Meet the Press,” particularly regarding his comments on abolishing the automatic awarding of U.S. citizenship to anyone born on U.S. soil. The decades-long practice appears to have arisen from the 14th Amendment ratified in 1868, the pertinent section of which reads: All persons born or naturalized in the United States, and subject to the jurisdiction thereof,...

(Aug. 7, 2024) — INTRODUCTION As long-time P&E readers know, your humble servant has for many years railed on about the “natural born Citizen” (“nbC”) issue and how it has been handled (and mishandled) by commentators, scholars and governmental agencies such as the Congressional Research Service (“CRS”). But now, in mid-2024, with the issue again presenting itself in the form of the candidacy for president of one Kamala Devi Harris, and opposed to a tedious repeat of past posts, a brief “one-stop-shopper’s” refresher course, gathering and summarizing in one post the highlights of the debate, may be helpful for those...

(Oct. 22, 2023) — Vivek Ramaswamy Admits in NBC News Interview His Parents Were Not U.S. Citizens When He Was Born. This was deduced and suspected previously but he has finally admitted it. Vivek Ramaswamy admitted during live interview in Sep 2023 on NBC News that neither of his parents when he was born were citizens of the USA. Also, he admitted that although his mother later became a U.S. citizen his father never did. Watch the interview starting at about 26:08 into the full interview: https://youtu.be/toiiWWFsWOw?si=EMOuYOGT93CmiKP or see the relevant four minute excerpt of the interview at this link:...

This paper on Birthright Citizenship was brought to my attention by a researcher of citizenship law. Some key excerpts pointed out by him are herewith shared. You can get a copy and read the full paper via the link . PDF document p. 14: In McKay v. Campbell, the U.S. District Court for the district of Oregon considered whether the plaintiff could be deemed a U.S. citizen, and should be allowed to vote. The defendants argued that McKay was British, since he was the child of a British subject, and had been born at a point when Britain and the...

The late Supreme Court Justice Antonin Scalia was what we call an “originalist” when it came to interpreting the U.S. Constitution. He believed the only way to read the Constitution was in the context of the times when its provisions were written which formed the intent of those who wrote and later amended it. We could only interpret what they meant by reading what they wrote through the filter of the events of their day, not our day. The issue of the 14th Amendment and whether it conveys birthright citizenship just from being born on American soil has resurfaced in...

Migrants are the “lifeblood” of America, not Americans and their children, says former top Democrat Sen. Harry Reid. “Immigrants are the lifeblood of our nation,” Reid said, ignoring the 4 million Americans who turn 18 this year in a homeland with 260 million Americans, 34 million legal immigrants and at least 11 million illegal migrants. Migrants, he said, “are our power and our strength.” Reid made the claim as he tried to slam President Donald Trump’s call on Oct. for a reform of the birthright citizenship rules. Reid led the Senate Democrats until 2016. His elevation of migrants above Americans...

Harry Reid on Wednesday said Donald Trump is "profoundly wrong" after the president quoted his 1993 position on revoking birthright citizenship in perhaps his harshest criticism of the president since leaving office... "... I(Harry) made a mistake" by proposing a bill to remove birthright citizenship from immigrants who entered the country illegally. In a speech on the Senate floor 25 years ago, Reid said "no sane country" would offer a "reward for being an illegal immigrant." Referring to that speech, Trump said Reid was correct "before he and the Democrats went insane and started with the Open Borders (which brings...

WASHINGTON -- Each year, an estimated 400,000 babies are born in the United States to mothers who are illegal immigrants. More than 25 percent of those babies are born in California. Although Congress has never passed a law saying so, no president has ever ordered it, and no court has ever ruled on the issue, each of these babies automatically becomes a U.S. citizen when it takes its first breath. That could change if legislation that Rep. Dan Lungren, R-Gold River, joined in sponsoring in April becomes law. Lungren, who served as California's attorney general from 1990 to 1998 and...