Constitutional expert: Trump can win no matter how birthright-citizenship fight goes

 February 3, 2025

This story was originally published by the WND News Center.

President Donald Trump can win a significant victory no matter how the fight that erupted over his executive order over "birthright citizenship" ends up, according to a constitutional expert.

Jonathan Turley, the J.B. and Maurice C. Shapiro professor of public interest law at George Washington University, has not only advised Congress on constitutional matters but has represented members in court cases.

He recently wrote about the dispute over "birthright citizenship" that has erupted since Trump took office and issued a list of orders cracking down on illegal aliens, illegal immigration and more.

He explained, "The Fourteenth Amendment starts and ends as a model of clarity, stating that 'all persons born or naturalized in the United States' are 'citizens of the United States and of the state wherein they reside.' However, sandwiched between those two phrases, Congress inserted the words 'and subject to the jurisdiction thereof.' Those six words have perplexed many since they were first drafted."

He said the Supreme Court has seemed "conflicted" in its rulings on the issue, some of which date back a century and a half.

In one case then, the justices said for newborns to be citizens in America they must be born here and their parents must not merely be "subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and not subject to any foreign power."

A ruling some 40 years ago from the court then said there's no "plausible distinction" between those who enter the nation illegally, or illegally.

Roughly half the nation opposes birthright citizenship, that is citizenship status granted to those born in the U.S. of illegal alien parents.

"The key is where those voters are coming from," he said. " The minority of voters supporting the right are overwhelmingly coming from the Democratic core that opposed Trump in the last election. In other words, it is an issue appealing to the very margin voters that will be needed in the midterm election. That makes this a perfect wedge issue either as a court fight or, if unsuccessful, a fight for a constitutional amendment," he explained.

The Trump administration, he said, has been pleased even by criticism from leftists who have lined up against him.

The Trump administration members, he said, "believe that they cannot lose this fight."

He said the question probably will end up at the Supreme Court, and there are "skeptical" conservatives like John Roberts and Amy Coney Barrett who make predicting an end result problematic.

"So what makes this a win-win proposition for the Trump administration? The politics are stronger than the precedent. Even if the administration loses before the Supreme Court, it will force Democrats again to fight against a tougher stance on immigration issues. Democrats maintained that position in the last election despite polling showing that 83 percent of Americans support deportations of immigrants with violent criminal records and almost half support mass deportation of all undocumented persons," he noted.

Trump can win either way, he said.

"It will either secure a new interpretation from the high court or it could spur a campaign for a constitutional amendment. All of this could unfold around the time of the midterm elections, when incumbents of the president's party are generally disfavored. This is a wedge issue that many in the Republican Party might welcome."

WND has reported that Trump announced the "birthright citizenship" agenda used for years in America, granting citizenship to any baby born on American soil, would no longer include the offspring of illegal aliens.

Opponents went to court immediately and members of Congress already have joined the battle, with a plan to resolve the fight in Trump's favor.

Rep. Brian Babin, R-Texas, has announced the pending Birthright Citizenship Act of 2025.

He said it would "restore the 14th Amendment to its original purpose and end the misuse of birthright citizenship."

It would provide for automatic citizenship for children born in the U.S. if at least one parent is a citizen or national of the U.S., a lawful permanent resident whose residence is in the U.S., or a lawful immigrant performing active service in the armed forces.

"The introduction of this bill aligns with President Donald Trump's commitment to make birthright citizenship reform a top priority. Granting automatic citizenship to children of illegal immigrants is based on a flawed interpretation of the 14thAmendment, which was originally intended to ensure recently freed slaves gained full rights as Americans. It was never intended to confer citizenship to children of individuals who enter or remain in the United States illegally," he said.

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