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The Supreme Court has agreed to hear President Donald Trump’s executive order ending birthright citizenship for the children of illegal immigrants. The case primarily turns on five words in the 14th Amendment: “and subject to the jurisdiction thereof.”
That conjunction does real work. The clause establishes two conditions for citizenship: birth on U.S. soil and subjection to U.S. jurisdiction. The second requirement cannot mean mere physical presence — the Supreme Court in Wong Kim Ark affirmed traditional exceptions for children of foreign diplomats, those born on foreign ships and enemy occupiers. These exceptions prove the jurisdiction clause limits automatic citizenship.
Originalist scholarship reinforces this reading. Professor Ilan Wurman of the University of Minnesota demonstrates the amendment requires complete municipal jurisdiction, not territorial presence alone. At minimum, this analysis proves birthright citizenship’s scope remains genuinely disputed. At best, it restores the clause’s original meaning, one that never extended to children of people here illegally in the first place.
The current “any birth equals citizenship” rule inflicts real damage. Citizenship embodies a covenant: The community claims the citizen, and the citizen pledges allegiance. When membership becomes a geographic accident, we destroy civic belonging.
The rule invites exploitation. Birth tourism thrives because we reward circumventing legal channels. A Constitution that does so becomes an engine of its own subversion. Serious nations guard their membership. Great powers don’t survive by making foundational laws easy marks. America shouldn’t either.
Ultimately, the executive order deserves enforcement. So, does the court have the courage to say so?