Politics > Supreme Court

Resolving the Birthright Citizenship Issue

The upcoming Supreme Court ruling on birthright citizenship must adhere to the intent and meaning intended by the Framers or monumental adverse consequences will occur.

Jay Tucker | April 3, 2026

President Trump has issued his Executive Order No. 14160 (EO) denying birthright citizenship for children born in the U.S. to various non-citizens. Significant opposition has arisen from various quarters advocating automatic birthright citizenship for all those born in the U.S. whether or not the parents are (a) citizens of other countries, b) illegal immigrants, or (c) residents (temporary or permanent) of the U.S. Although their claims purport to be based on history, legal analysis, and on political, moral, and religious grounds, they are defective, often permeated by significant bias and intentional or unintentional error.

Because opposition claims rarely, if ever, mention the Enforcement Act of 1870, there is implication of either intentionality or a complete lack of awareness. For example, it appears that one alleged expert, while testifying to a government committee, claimed that no executive branch official has ever taken the position that the children born in the U.S of domiciled parents are not citizens. That assertion seems blatantly incorrect or false. President Ulysses S. Grant appears to have taken that exact position when he signed the Enforcement Act of 1870 (described below), which denies any grant of birthright citizenship when the child is subject to any foreign power, whether or not the parents are domiciled or reside in the U.S.

Applicable Birthright Citizenship Law

Civil Rights Act of 1866

That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States...

14th Amendment Citizenship Clause

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

Enforcement Act of 1870 (Section 18 -- Reenactment of Civil Rights Act of 1866)

That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are........

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