Trumping Birthright Citizenship

One of the first executive orders President Trump signed last week was a controversial action to abolish “birthright citizenship.” I would dare say that most Americans had never heard the phrase “birthright citizenship” before Trump made it a priority political issue.

I must admit that I was an older man before I learned about birthright citizenship, which is rooted in the 14th Amendment of the Constitution. I first learned about this obscure constitutional provision from a second-generation Cuban coworker several years ago. At first, I didn’t believe it because it didn’t seem logical, and I had never heard about it previously. When I researched it, I found it to be absolutely true. I even wrote a column about “birthright citizenship” that year.

For those who may not know what I’m talking about, imagine a pregnant teenager from Niagara Falls, Canada, crosses the border to go shopping. She suddenly goes into labor inside a U.S. mall in Niagara Falls and delivers the baby at the local U.S. hospital. That baby is automatically an American citizen, with all the rights and privileges that come with it. America is the only nation in the world where this is true.

The reasoning behind the enactment of the 14th Amendment came after the Civil War. It was implemented to grant citizenship to newly freed slaves and their descendants, ensuring they were recognized as full citizens of the United States in perpetuity. This action was necessary to overturn the Dred Scott v. Sandford (1857) decision, which had declared that African Americans could not be citizens.

Trump is determined to end birthright citizenship because it is being exploited by many foreigners who take advantage of this outdated constitutional loophole. However, it will not be easy to override a constitutional mandate. I’m no lawyer, but I’m sure that every court in the land will strike this down, as it’s a direct violation of a Constitutional Amendment. It would require the repeal of the 14th Amendment, which involves a lengthy and complex political process.

Only once in U.S. history has an Amendment been repealed—the 18th Amendment, which enforced Prohibition, was repealed by the 21st Amendment in 1933.

Perhaps the 14th Amendment is an outdated law that needs to be reconsidered. But at the same time, if Trump is allowed to ignore the Constitution and act as he pleases, then he is a dictator in the truest sense.