Birthright Citizenship is Not in the Constitution

The ink was barely dry on Trump’s Supreme Court victory on nationwide injunctions when Leftists began scheming how to circumvent it in the very lower district courts that were just called down. Yesterday, we reported on Justice Amy Coney Barrett’s beautifully delivered majority decision in this opinion against nationwide injunctions. In fact, Barrett almost scolded Biden-appointed Justice Ketanji Brown Jackson, pointing out that Jackson’s dissent “is at odds with more than two centuries’ worth of precedent, not to mention the Constitution itself.”

Despite this ruling or the fireworks that went with it, the left’s imperial federal judges quickly went to planning how to circumvent this Supreme Court-approved executive order. The content of the order in question was the banning of so-called “birthright citizenship.” This was the vehicle that fascilitated the Supreme Court opinion against district court injunctions, but birthright citizenship issue is far from settled.

District judges in liberal regions of our country have lashed out against Trump’s birthright citizenship executive order. Federal district judge John Coughenour in Seattle declared earlier this year that “this is a blatantly unconstitutional order,” with which the Supreme Court did not agree, while Judge Boardman has incorrectly stated that “the Supreme Court has resoundingly rejected” Trump’s view of birthright citizenship.

News reports and liberal pundits commonly repeat the falsehood that the Civil War-era 14^th Amendment guarantees birthright citizenship to everyone – including temporary visitors. This view is simply not based in reason or history. American Indians didn’t have birthright citizenship until it was established by a federal statute in 1924. Most other countries, in fact, reject birthright citizenship. Israel, for example, grants citizenship to a baby born in Israel only if one of the parents is already an Israeli citizen. The United Kingdom likewise rejects birthright citizenship, giving citizenship only to children with one parent already a British citizen or permanent resident.

The Trump Administration is right: the United States simply cannot continue to allow such a blatant distortion of our Constitution.

This post originally appeared at https://phyllisschlafly.com/constitution/birthright-citizenship-is-not-in-the-constitution/