In an opinion piece in The New York Times, constitutional scholars Randy Barnett and Ilan Wurman argue that President Trump's controversial executive order to end birthright citizenship may have merit despite its conflict with common interpretations of the 14th Amendment. They highlight a nuanced perspective where citizenship could hinge on the parents’ relationship to the U.S. rather than solely on birthplace. While federal judges and the American Bar Association have criticized the order, Barnett and Wurman posit that Supreme Court interpretations of the 14th Amendment could yield different conclusions about children's citizenship status, particularly regarding children of illegal immigrants.
Professors Randy Barnett and Ilan Wurman contend that President Trump's executive order on birthright citizenship raises significant legal questions about the 14th Amendment's jurisdiction clause.
Legal scholars argue that the key issue may hinge not on birthplace, but on whether parents have a social contract with the country, complicating traditional interpretations.
The American Bar Association labeled Trump's executive order as an attack on constitutional rights, indicating strong legal opposition from several federal judges.
Historically, while the Supreme Court recognized citizenship for children born to permanent residents, it has yet to make a clear ruling on children of illegal migrants.
#birthright-citizenship #14th-amendment #legal-interpretation #trump-administration #social-contract
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