In Trump v. Barbara, the Supreme Court held that the 14th Amendment guarantees birthright citizenship regardless of a child’s parents’ nationality—and that the president cannot change that by executive order.
So what now?
If U.S. citizenship means more than mere birth on our “magic dirt,” we must find other ways to protect it.
One possible fix is for Congress to pass a law clarifying that under the 14th Amendment, “subject to the jurisdiction thereof” excludes any child whose parents hold citizenship in, and thus loyalty to, another country.
But this route is fraught with problems.
First, Congress rarely passes laws that require 60 votes in the Senate, the threshold for all legislation except spending bills. The Senate could eliminate the filibuster for this purpose. But what goes around comes around, and Republicans could soon see Democrats use it for D.C. statehood, immigration amnesty, and other left-wing dreams.