14th Amendment On Citizenship Possibly Be Overridden By Supreme Court
A vocal group of conservative legal scholars has argued for years that the 14th Amendment has long been misread and was not originally intended to give citizenship to the children of visitors. (During his first administration, Trump took steps aimed at cracking down on what he called "birth tourism.")
"One problem, they believe, is that courts have misconstrued what the writers of the 14th Amendment intended with the phrase 'subject to the jurisdiction thereof' and that the amendment's framers understood that the children of illegal aliens, like their parents, owed their loyalty to a nation that wasn't the United States," the National Constitution Center explains.
Some also believe the Wong Ark Kim decision was limited because his parents were in the U.S. legally at the time of his birth.
But most legal scholars do not think that birthright citizenship can be revoked at all — let alone by executive order.
"It will be litigated immediately and its prospects of surviving those court fights are slim, even before a Supreme Court stacked with conservative justices and Trump appointees," writes Thomas Wolf, director of democracy initiatives at the Brennan Center for Justice.