America, since its inception, has been a place of opportunity for aspiring, high-skilled people. The geniuses and artisans of Europe of the eighteenth and nineteenth centuries flooded to these shores, enriching the society in many cases and making invaluable contributions to American culture – from our culinary traditions to newfound architectural styles – that continue to be influential through the present day. This custom of selecting only the best and brightest is not anomalous to great nations throughout history. All nations are only as good as the people which compose them: thus, any worthwhile nation would desire to enhance the quality of its people overall in order to elevate its global standing.
That operative goal, however, cannot be achieved under the present, suicidal policy of citizenship by birthright. Among nations of the world, America is the only developed one that confers citizenship onto anyone simply for having been born to a parent who managed to inhabit these borders, regardless of legality. That America is the only noteworthy country to still have this policy in place should be enough evidence alone of its insanity. The prevailing view among liberal legal scholars is that the Fourteenth Amendment sanctions this policy, which is permanent and cannot be altered. This is flatly wrong. This erroneous interpretation is the byproduct of a slipshod and lazy construction of that particular Amendment, through the prism of erroneous interpretations of largely discredited, or at least, increasingly obsolete legal precedent.
Renowned and constitutional experts – from yours truly, to John Eastman, to Mike Anton, to countless others, have delved into these issues at great length elsewhere, all worthwhile reads that make compelling cases for the alternative (and frankly, common sense) view that not only does the Fourteenth Amendment not, by letter or spirit, authorize citizenship by birthright – its Framers would have actively objected to the pernicious interpretation favored by so many leftist academicians today, basically calling unconstitutional any policy that places any limits whatsoever on citizenship.
Instead, the framers of the Fourteenth Amendment — alongside the framers of the original Constitution — would be in lockstep with President Donald Trump’s view, that birthright citizenship is wrong, legally and morally — and that a change to current law is in order. That citizenship should be a privilege and not a right that is automatically given has compelling arguments independent of the broader legal and constitutional considerations that couch its moral framing in the popular discourse, which, although important, ultimately run downstream of the inherent common sense and undeniable logic for why such a policy is bad for any nation. These arguments may be divided into two categories: 1) logistical or “practical” reasons for why citizenship should not be conferred simply for having been born on these shores; and 2) deeper political reasons, dealing in national pride, patriotism, and self-identity, for why a policy of unmitigated birthright citizenship, especially today, will lead any society – the United States above all – down the pathway to inevitable decay.
On the first category, logistically it is easy – even intuitive – to divine why citizenship cannot be granted automatically simply because a particular individual was born on U.S. soil. The first deals with the magnitude of the present immigration crisis, whereby at least 15-20 million illegal aliens (and by other estimates, tens of millions more, potentially upwards of 50+ million) currently reside in the homeland, unchecked and without penalty. It may not be politically correct to say, but a significant portion of these illegals – far more than what legacy media would have you believe – harbor criminal records, and not simply crimes for having trespassed into the interior. A growing share of this lot of illegals are linked to drug and sex-trafficking cartels. On this score, it is obvious why they should not be here. However, once these criminals have children, they weaponize them like pawns to further exploit our reckless immigration policy as emotional leverage to remain in the United States with impunity, continuing their destructive enterprises.
It is easy to create a sob story of a young child who might not know any other country as his home: but that narrative is both oversimplistic – in not telling the dark money side of the story – as well as nefarious – to both child and nation alike. The current immigration structure incentivizes dangerous criminals to have children who they otherwise would not have – at least in the United States – to extend their stays, sometimes indefinitely, while domiciled in the homeland. The poster child for continuing a policy of birthright citizenship then masquerades those who create narratives, like Democrat-funded NGOs such as Catholic Charities, which then have financial incentives to keep the exploitation ruse going. It is almost always true that the most vocal mouthpieces for perpetuating our insane open borders policies are economically linked to drug or child sex trafficking money, and thus have massive reason to adopt their position in the first place.
As for the nation writ large, the negative externalities are too many to count: continuing the narcotics trade results in a weaker population overall, higher rates of unproductivity and avoidable accidents, and inevitably, a higher number of premature deaths, especially among the youth. Precious resources are now being used to fight off drug dealers and cartels – and treat the afflicted in hospitals – that could otherwise be more used on societally-enhancing spending efforts like better schooling, infrastructure, and other national renewal projects if the former problems did not exist. The dangerous homes in which the children of traffickers are raised is no place to form productive citizens equipped with the virtues of being a law-abiding and value-enhancing individual to society. In so many of these communities, English is but an afterthought. Assimilation projects are nonexistent: the Left, which actively profits off such policies, demonizes any attempt at assimilation – including every attempt to inculcate foreigners or children of foreigners with American values, the baseline of which should include proficiency in the English language, respect for the rule of law, and at least a rudimentary understanding of our history and Constitution. Without these cultural unifiers, Americans become more alienated and differentiated in ways that breed distrust among peoples and discontent for institutions, yielding a much more fractured and polarized society overall.
No nation can stand on its own terms as a mere economic zone: one that is culturally relativistic and cosmopolitan in the worst ways possible: a hodgepodge of amorphous identities and alien practices, not even bound by a common language in pursuit of E pluribus unum. As a matter of practice, that recipe always spells doom. It leads to systematic economic gridlock and bottlenecks in institutions ranging from mass transit to education to healthcare (think of the delays and high propensity for error of a physician or nursing staff with an insufficient grasp of the English language). With a greater share of the population not knowing English, it additionally means far fewer people have any handle of our Constitution – and the fundamental principles it lays out like due process and free speech rights – a document that is, after all, written in and to be interpreted by “English speaking peoples.”
These aforementioned practical concerns of persisting in the current policy, of which only a sampling was outlined, flow downstream of more fundamental issues concerning civic identity and national self-conception. Any confident organization, sure of its constitution and purpose, will orient around a basic set of principles or standards that articulate a series of best practices. What these best practices really amounts to is a value system that comprise the organization’s greater cultural identity and sense of purpose. For a business, that might mean having a college degree and appearing to work on time and in person every day. Analogously, for a nation, those common or unifying values are what binds (and creates) a People – providing the lifeblood of a civic religion that keeps the nationhood vehicle humming along one generation after another. America’s civic religion, so to speak, has been one of ordered liberty and self-governance. These are the component parts of We the People. These general principles derive from both Anglo-American law – whose highest expression in the American civil context is the Constitution and Declaration of Independence – and Christian ethics, a robust and lived expression for which every Founding Father (and generations of statesmen thereafter) believed no country that hoped to remain free could live without.
Accordingly, no self-respecting country steeped in these principles would allow simply anyone to cross over the southern border and become a citizen by default. America’s political culture of self-governance requires hard discipline and self-sacrifice. These are virtues that are cultivated over time in a people, and only passed down through the generations by a determined and concerted effort. If it were so easy, a matter of mere happenstance, then all the blood and political turmoil that was a tragic but necessary component of the American Revolution and Civil War would have been in vain. Similarly, all the bloodshed in wars America fought throughout its history would be for naught. The idea of American exceptionalism – evocative of the romantic, classic image of a “City upon a Hill” – taps into this notion of uniqueness. The United States of America is exceptional because it is unlike anything seen in history; furthermore, it has no contemporary equivalent, even in modern times. Exceptionalism by definition means something that is exclusive.
The exclusivity of the “American Experiment” is not something that happens accidentally, it’s a cultural sensibility inculcated in a particular People, whose values have been passed down generation by generation. That throughout history that People happened to be overwhelmingly European – or a majority English-speaking in Christian is not a mere afterthought or footnote. This and other facts are the lifeblood of America’s civic religion; they cannot be swept aside willy-nilly by virtue of their inconvenience or “problematic value” within the moral framing of twenty first century wokeism. Of course, judging by that standard, virtually all Western History would be deemed “problematic.” But the issue with that reasoning (aside from its reliance on a reductive and simply idiotic system of secular morality) is that it is our history which is responsible for who we are today. To indict all of history, as the modern progressive would, as antiquarian or in scathingly critical terms: which is to say, only ever, negatively, as a standard of judging what not to do – then all the things responsible for making us who we are today for the better must also be dispensed with. That includes the moral framework or values of the past – including the sacrifice, discipline, resilience, and honor – that flowered the policies which led to America being able to cultivate an extraordinary People who in turn produced the freest society ever seen in the modern world. This of course would be an unmitigated disaster for any developed country, but a pluralistic one like the United States, would make it catastrophic.
In many ways, our modern decadence – the fruits of the toils and labors of the collective past – has ironically clouded our vision to the harsher truths needed to produce and sustain the sort of country we so readily take for granted today (and which, because of that forgetting, is rapidly dissipating before our very eyes). These sterner facts ultimately turn on the deeper or “political” reasons, referenced earlier, that explain why no serious country would ever take so cavalierly a policy, much as the United States does, of automatic birthright citizenship. If any person in the world can become a citizen for being born on U.S. soil de facto, it undermines faith in the entire system of values – including the sacrifices, discipline, and hard work – necessary for producing ordered liberty, the cornerstone of America’s civic religion, to begin with. Again, exceptionalism means exclusivity; and exclusivity entails a society committed to educating its citizens in a comprehensive value system, one geared towards a low time preference, or ability to delay instant rewards for greater things in the distant future — all for the benefit of the common good. The maturity that such a system entails is but another hallmark of a great people, one that both recognizes the importance of thinking beyond immediate appetites and has enough wisdom and discipline to actually execute such a project.
By stark contrast, any immigration policy that disregards this great tradition and lets in tens of millions of foreigners who don’t speak English, who know nothing about America’s political culture, and who have no incentive to do so, is one doomed to failure. But more tragically, it does a grave injustice to our forefathers – who did appreciate what was needed to create a society enough to labor relentlessly – shedding much blood along the way, and in many cases making the ultimate sacrifice – so that their progeny might one day enjoy the fruits of their labors. That our modern sensibility is so fleeting and transactional; that politicians struggle so mightily to adopt even the slightest perspective that looks beyond Gross Domestic Product, realizing what so many regular Americans know intuitively, that no amount of money is worth debilitating those sacred bonds that hold a nation together. And which indirectly helps boost that prolific economic engine whose benefits are so readily exploited by those who should know better is a travesty. In sum, they are the suicidal recipes that have brought America to the brink of economic and cultural collapse, and for doing so, have compelled eighty million Americans to deliver President Trump the most consequential electoral victory seen in generations just over a month ago.
The stakes are far too high to risk gambling what diminishing reserves of America’s political culture remains. It is for this reason that the Fourteenth Amendment must be corrected, reinterpreted in its proper, original, and more conservative framing whereby birthright citizenship comes to a categorical end. This would bring the United States in line with every other nation in the world. At the same time it would aptly relegate a policy that has been squandering our cultural inheritance – and doing unspeakable indignities to our ancestors – hopefully now forever to that dustbin of history’s failed experiments.
Paul Ingrassia is a Constitutional Scholar; Communications Director of the NCLU; a two-time Claremont Fellow, and is on the Board of Advisors of the New York Young Republican Club and the Italian American Civil Rights League. He writes a widely read Substack that is regularly posted on Truth Social by President Trump. Follow him on X @PaulIngrassia, Substack, Truth Social, Instagram, and Rumble.
The opinions expressed by columnists are their own and do not necessarily represent the views of AMAC or AMAC Action.
Very good article with the subject being discussed in an intelligent fashion. Two points of comment:
1) It is good to see someone using the actual real numbers for the number of illegal aliens that current reside in the United States. Yes, we really do have a bit over 50 million illegals residing in this country after decades of various Democrat policies for this or that group and of course the Democrat desire to change the voting demographics of the nation to be much more favorable to permanent Democrat rule. It is refreshing to see someone not merely parroting the outdated 35-year-old number of 11 million from the Bill Clinton era for a change.
2) The proposed solution of getting the 14th Amendment modified or clarified through more specific and precise language, essentially modifying the existing 14th Amendment of the Constitution of the United States, is unfortunately a non-starter in the deeply bifurcated United States we currently have. None of the Democrat controlled states nor their elected representatives in Congress would agree to anything that upsets the current status quo. A far more expedient but no less difficult solution would simply be to get the Supreme Court to rule that the 14th Amendment, as currently written, does NOT convey automatic birthright citizenship to children of people here in the United States either illegally or here by either student or tourist visas. Thus, ending the fiction that the “Progressives” have been pushing for decades. That would be a heavy lift given some of the questionably conservative members of the Court, but it has a better prospect of succeeding than trying to get the required approval from Democrat controlled states or Democrat members of Congress.
Can’t wait to see the Trump deportation trains, busses, planes, and boats get everyone out of this country that has crossed over here illegally in the last four years. Then deport those who have over stayed their visas along with any and all of their family that are not citizens too. It will be expensive but sooooo worth it if America is to be a truly great nation again.
Birthright citizenship is just stupidity. Anyone can enter into a country illegally and have a child and now have an American citizen. It is beyond foolish. This is no different than “The Fruits of the Poisonous Tree” that we use in court proceedings.
Anything that comes after an illegal action is no longer valid or legal. In court, it means if the police get evidence after they did something illegal or wrong, that evidence, even if damning, is not valid/admissible. If someone is in the country “illegally”, they are committing a crime. Anything that happens after that is not legal, including having a child in our country. It’s that easy and should be able to be made law, even with the vindictive people that are bent on destroying our country.
Great article. I concur with his take on everything. I hope politicians on the left can read this.
A child should receive a citizenship of the mother regardless of the soil he/she was born on.
As a Naturalized citizen I wholeheartedly agree with Trump that those born on US soil of foreign parents should not automatically become citizens. No matter if they came here legally or illegally. Some process has to be put in place. Till the children are adults. Or a living requirement for so many years in order to qualify for citizenship. All those mothers who came to CA, back in the 60’s and 70’s, had their babies and went back to Mexico and years later they would ask for asylum because one of their children had an American citizenship. Those who came here as a legal immigrant had to go through a vetting process, had to have a physical and take an oath of loyalty. Pay for their own visa which was not cheap and their own travel costs. For the first 5 years we could not ask for assistance at the welfare office. No free health care. We couldn’t vote, that was immediate deportation. We assimilated. We had to speak the language. We loved this country. The freedom. We could move wherever we wanted. Other countries have laws you have to register in every city you live in as well as de register when you move out of a city. That is why with the coming of cameras everywhere on the streets was such a shock. As well as everything in two languages. No country or anyone person owes you a living. When you make the decision to emigrate it is a bit more involved than put on some clothes, expensive sneakers. Grab a plastic bag with a change of underwear and maybe a bottle of water. Pay a coyote thousands of dollars to bring you to the border and expect Americans to take care of you. But the mind set of the dems of today is getting and keeping the power and the only way they can reach it is by letting the worlds poor into this country. And order the citizens to take care of them. America is becoming a wasteland. A penal colony like Australia became by sending all the criminals from England there. The illegals, for that is what they are, they broke the law and Biden didn’t enforce the law. He was flying them in from all over. The MSM was silent on that subject. Till all of a sudden small towns were overrun with these people. They didn’t speak the language. Nor knew our lifestyle. Some had never seen an oven or a stove. Let stand a dishwasher or refrigerator. Didn’t speak the language and like the article said drs can’t find out what is wrong with these people. Biden Harris have created chaos in this country which will hurt this country for decades to come. If not outright destroy many cities if not whole states. This was all done to keep the dems in power and my hope is that Trump can change the 14th amendment. Congress are you listening. Make the people accountable for themselves. We all had to work hard to make it when we came here. We were down to our last 50 dollars back in 1960. But we found work. Managed an apartment building to live rent free. There are ways as long as you don’t hold up your hand. I am always happy to give a hand up to someone having a hard time. But not for those who act like they are entitled for freebies, I walk past.
This AMAC Birth Right article is too wordy for me to go there, Keep it simple. This law was created by Pres. Lincoln during Post Civil War. It enabled previously enslaved Negros to easily become American Citizens.
The function and intent of this law no longer exists, It’s obsolete! Therefore should be deleted from our Constitution.
Joe Biden should be liable for their child support but, given Hunters track record with supporting illegitimate children, I doubt that would ever happen.
What Trump says sounds really good, ————- but I’m not going to hold my breath till it happens. I have sent emails to my “Representatives” in the DC Swamp asking when they were going to STOP birthright citizenship for ILLEGAL ALIENS and not received one response — NONE.
All that should matter here is what the ORIGINAL writers and signers of the 14th Amendment said at the time. They SAID, the purpose of the 14th Amendment was ONLY to legalize the children of slaves. What naysayers said over the years, what statements were written, nothing matters as to the reason for the 14th Amendment. Of course, Democrats over the years milked it to include whatever and whomever they wanted it to say.
President Trump (man I love the sound of that!!) needs to issue an EO the first day so we can get the legal wheels headed for the SCOTUS. I hope that all birthright citizenship, from two parents that are NOT citizens, especially if they haven’t even applied or don’t reside in the USA, can be revoked.
So LONNNNG, and not even a Hint at what the 14th Amendment SAID. Most important, it was speaking to the ‘current problem’ of ‘what to do about the children of slaves – now freed’? so they clarified it FOR THEM. It doesn’t apply to NOW when OTHER PEOPLE (not slaves), NOT CITIZENS HERE, bring or have children HERE.
What DOES APPLY NOW is the phrase, ‘(...born in the U.S.)…and are subject to the jurisdiction thereof...’ WHICH ILLEGALS ARE NOT (and which is why Dems seek to ‘stop’ calling them ‘illegals’ but just ‘undocumented’!) As long as they ARE ‘illegals, illegally here’ they are NOT SUBJECT to the Jurisdiction of the U.S. which THEY VIOLATED in coming or staying here Illegally, making them eligible to be deported OUT of America when found or caught (as happens in all other Nations of the World!) That’s ALL you really need.
So Illegals are not ‘citizens’ here just because ‘they came here’, and neither are their babies BORN HERE our citizens, because they are ALL Illegals here illegally or by Visas. (And why WOULD it be ‘different’ for ‘Illegals’ or ‘Visa entrants’ than it is for Foreign Diplomats who are here, whose babies don’t receive citizenship if born here?)
The fact that we are a compassionate nation that cares for human life is not a compelling argument for saying ‘they’re citizens here’ just because we cared to take care of them in their hour of need for CARE here – after they got in illegally! And they do not have ‘citizen’s rights’ here. They have to ‘apply’ for that – and from ‘outside’ the country, and then ‘receive it’ before just ‘coming in’ and ‘claiming it’.
Agree, but a lot of words! I’ve seen more precise arguments focussing on the language and intent of the 14th Amendment. The so called “birthright Citizenship” should be abolished retroactively.
In both the 1950’s and 1960’s TIME magazine, a reliable source of information back then, had articles in each decade how the XIVth Amendment was never ratified in compliance with Article V of the Constitution. For more, read Rob Natelson’s book on Article V. XIVth amendment is not and never was law or constitutional. Progressive fraud from the XIXth Century, when the GOP was the progressive party, heir to Whig Party.
Why are comments like Sarah’s allowed? Yesterday I posted a comment and got the response that my comment was being approved. Since when is there an approval process for comments?
My comment was this, I expected some discussion on the fourth Amendment and how it is being violated.
I remember reading an article a few years ago about how some countries offered “birth tours” to the U.S. It was for couples who were expecting a child. The trip would be planned to coincide with the expected due date so the child would be born in the U.S. and thereby be a U.S. citizen. Even back then I thought that was insane that the U.S. would allow that.
the 14th am. was done so the slaves children born would be us citizens.
I, trust, President Trump will make the correct decisions for us Americans.
Best quote ever regarding granting American Citizenship to individuals and why it’s important that people be thoroughly vetted before being given US Citizenship.
“American institutions rest solely on good citizenship. They were created by people who had a background of self-government. New arrivals should be limited to our capacity to absorb them into the ranks of good citizenship. America must be kept American. For this purpose, it is necessary to continue a policy of restricted immigration. It would lie well to make such immigration of a selective nature with some inspection at the source, and based either on a prior census or upon the record of naturalization. Either method would insure the admission of those with the largest capacity and best intention of becoming citizens. I am convinced that our present economic and social conditions warrant a limitation of those to be admitted. We should find additional safety in a law requiring the immediate registration of all aliens. Those who do not want to be partakers of the American spirit ought not to settle in America.” ~ Calvin Coolidge, 30th POTUS (First Message to Congress, December 1923)
An interesting article. But, why all the unusual big words that mean nothing to the average American. You need to use language that we can understand
No where does anyone deliberately say that the purpose of the 14th Amendment was to grant citizenship to those who had been enslaved – the blacks. My guess is that by the third generation those who are of immigrant heritage – myself included – are “American.” As to knowledge of the the Constitution and our political system most of our citizen population knows very little. Now a days you are often registered to vote when you get your driver’s license. Perhaps a citizenship test should be required. And the most famous Founding Fathers – Jefferson, Adams, Franklin – were not Christians. They were Deists – believing in a creator but not in the divinity of Jesus Christ.
“…subject to the jurisdiction thereof…”
Illegal aliens are NOT subject to the jurisdiction of the United States. They are subject to the jurisdiction of the country they came from. Therefore, their children are ALSO subject to the jurisdiction of the country their parents came from. You naysayers are traitors, seditionists and communists hell bent on destroying this country. We declare ‘open season’ on you!
All one has to do is look at the video on social media of the man bragging how much money he was getting, as well as other perks, because his child was born here, after entering this country illegally. There are lots of those kind of people who came here, BECAUSE we have that. It is time to get with the times. This occurring when we were building our country is one thing. It’s quite another in this day and time, especially with the amount of people who have been allowed to enter illegally. And another thing, these so called dreamers, why are they not told they must get their citizenship to stay here? If they want to be here and stay here, they should be required to do the same as anyone else who comes here and becomes a citizen. If they are not willing to do so, then they need to be made to leave as well. Why should a person expect the same as someone who takes the time and effort to become a citizen? Not fair to those people.
Or simply stated: if a cat has kittens in an oven it doesn’t mean they are biscuits.
As long as demonrats are in control, this will always be a problem. Why you ask? It’s all about VOTES! They’ll offer citizenship as long as they vote demonrat. Why else do they approve all this money for illegals. It’s never going to stop. I like President Trump because he’s not a worthless spineless politician but I don’t think he’ll be able to fix this. Luckily, he’s smarter this time around.
Extremely well written article dealing with the influx of illegals into our Country. Every Senator, House of Representative, and southern border Governor, State Rep., State Attorney General, and Sheriff needs a copy of this in their hands.