For a long time I’ve been an opponent of birthright citizenship. In most countries of the world, a newborn’s citizenship is based on that of the child’s parents, not where they happen to be living when they are born. In the entire world, only about 33 countries have birthright citizenship. Some have it conditionally, but most of the world’s almost 200 countries don’t have it at all.

So why does the USA have it? Because of the 14th Amendment to the Constitution. This was the amendment the made it clear that freed slaves were citizens. But the wording applies to anyone born within our borders. Is that what we meant to do, or is it the result of a poorly worded amendment? I don’t know.

But this can only be changed by a Constitutional amendment that supersedes any other related provisions of the Constitution, as previously amended, the establishes:

Citizenship of anyone born in the USA is based on the citizenship of the child’s parents.

It wouldn’t be quite that simple, but that’s the basis of the amendment. I believe President Trump is wrong to think this can be done by an executive order. Even an act of Congress would not be enough.

Could such an amendment pass and become part of the constitution? Maybe. I’m not as sure of this one as I am about the last one I posted on.