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Carol Platt Liebau: Birthright Citizenship and the High Court

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President Trump recently released an executive order that seeks to deny US citizenship to children born to parents living here illegally. It revokes what’s known as “birthright citizenship” for any baby born after February 19.

A federal judge blocked the order, calling it “blatantly unconstitutional.” But it might not be that simple.

The argument is based on the 14th Amendment, ratified after the Civil War to ensure citizenship for former slaves and other African Americans. It defines a citizen as “All persons born or naturalized in the United States and subject to the jurisdiction thereof.”

Note that final clause. The order’s supporters argue that if the Fourteenth Amendment had included birthright citizenship, the “jurisdiction” requirement would be superfluous.

The Supreme Court will ultimately resolve this dispute. But whatever they decide, there’s no question it’s a real issue with real consequences for our country.

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