A Conspicuous Gap May Undermine Trump’s Birthright Citizenship Plan
The New York Times • • nation
Key Points:
- President Trump has asked the Supreme Court to reinterpret the 14th Amendment to exclude children of temporary visitors and illegal aliens from birthright citizenship.
- The Supreme Court will hear arguments in the spring to determine the original meaning of the 14th Amendment as ratified in 1868.
- A new study published in The Georgetown Law Journal Online analyzed the citizenship status of 584 members of Congress from 1865 to 1871 and found that over a dozen might not qualify as citizens under Trump's interpretation.
- Despite this, no challenges were made to the qualifications of these Congress members at the time, suggesting that the original understanding of the amendment likely included birthright citizenship.
- Legal experts highlight this lack of historical challenges as a
