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Can Trump’s Executive Order on Birthright Citizenship Survive the Courts? – RedState

Within days of taking office, President Donald Trump signed an executive order that has been misconstrued by most of the talking heads out there as “ending birthright citizenship.” This characterization uses an overly broad brush to paint over what is actually an extremely nuanced issue with regard to the interpretation of citizenship in the 14th Amendment.





Section 1 of the amendment starts off with one of the most consequential lines of any of the Reconstruction Amendments passed in the wake of the Civil War: “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.”

What Trump’s executive order does is limit the interpretation of that line in the legal sense. In the order, Trump directs the government not to legally (through documentation, etc.)…

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