The U.S. Supreme Court today delivered one of the most significant constitutional rulings in decades, holding in a 6-3 decision that children born in the United States are citizens at birth—even if their parents are in the country illegally or only temporarily. In doing so, the Court struck down President Trump’s Executive Order that attempted to end birthright citizenship through executive action.
Chief Justice John Roberts, writing for the majority, didn’t mince words. He concluded that the Citizenship Clause of the Fourteenth Amendment to the United States Constitution has always meant exactly what it says. If you’re born in the United States and subject to our laws, you’re a citizen. The Court relied heavily on its 128-year-old precedent in United States v. Wong Kim Ark, reaffirming that birthright citizenship is rooted not only in the Constitution but in more than a century of settled law.
But don’t make the mistake of thinking this was an easy case. The dissent raises arguments that deserve serious consideration.
Justice Clarence Thomas argued that the majority got the history wrong. His position is that the phrase “subject to the jurisdiction thereof” was never intended to mean simply being physically present in the United States or being required to obey our laws. Instead, he argues it means owing complete political allegiance to the United States. If a child’s parents remain citizens of another nation—particularly if they are here illegally or only temporarily—that child, in his view, does not satisfy the constitutional requirement for automatic citizenship.
Justice Samuel Alito reached much the same conclusion. He argued that the majority expanded the Fourteenth Amendment beyond what Congress intended after the Civil War and effectively read language into the Constitution that simply isn’t there. In his view, whether birthright citizenship should extend to children of illegal immigrants is a question for the American people and Congress—not the courts.
Here’s what I find interesting.
Both sides relied on history. Both claimed the Framers were on their side. Both cited Reconstruction-era debates, English common law, and more than a century of precedent. That’s what makes constitutional interpretation so fascinating—and so difficult.
The majority says the Constitution settled this question in 1868 and that the Court settled it again in 1898. The dissent says we’ve been reading those decisions too broadly ever since.
Reasonable people can disagree on which interpretation is correct.
What cannot be disputed is this: the President cannot rewrite the Constitution with the stroke of a pen. Whether you supported President Trump’s Executive Order or opposed it, the Constitution establishes a process for changing constitutional rights. That process is called a constitutional amendment—not an executive order.
This decision will undoubtedly frustrate many Americans who believe our immigration system is broken. And frankly, they’re right about one thing: Congress has failed to fix it.
But immigration policy and constitutional citizenship are not the same issue.
If the American people want to change birthright citizenship, they’ll have to persuade Congress and ultimately the states to amend the Constitution. Until then, the Fourteenth Amendment remains the law of the land.
That’s not politics.
That’s constitutional government.
