https://tomklingenstein.com/understanding-the-fight-over-birthright-citizenship/
President Donald Trump has triggered the beginning of a national debate on automatic birthright citizenship. On his first day back in office, the president signed an executive order ending the practice. Almost immediately a court temporarily blocked the executive order. At the same time, legislation was quickly introduced in Congress to end automatic birthright citizenship, essentially supporting the executive order. No doubt this dance will continue with appeals and counter-appeals in the courts and actions in the Congress.
Let us step back and review the over 150-year history of birthright citizenship and its significance for the core American principle of “government by the consent of the governed.”
The majority of the American political and legal establishment argues that the 14th Amendment is clear: Anyone born in the United States (with the exception of the children of foreign diplomats and enemy soldiers) is automatically an American citizen whether their parents are in the country legally or illegally.
The relevant clause of the 14th Amendment states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Although there is no explicit exception for diplomats and enemy soldiers, these exceptions have long been understood to be covered by “jurisdiction.”
The Contours of the Debate
