The Supreme Court just handed down a major ruling on birthright citizenship, and this one goes directly to the meaning of the 14th Amendment.
In Trump v. Barbara, the Court considered whether President Trump could use an executive order to deny citizenship to children born in the United States when their parents are unlawfully or temporarily present. The majority said no, holding that birthright citizenship remains protected under the Constitution and cannot be changed by executive order.
But the dissent, especially Justice Clarence Thomas’s dissent, tells a very different story. Thomas argues that the majority misunderstands the history of the 14th Amendment, Dred Scott, and what it means to be “subject to the jurisdiction” of the United States.
In this video, we break down:
* The difference between statutory birthright citizenship and constitutional birthright citizenship
* What the 14th Amendment actually says
* Why Dred Scott matters to this debate
* How Wong Kim Ark shaped birthright citizenship
* Why the Court struck down Trump’s executive order
* Why Justice Thomas disagreed
* The legal fight over “right of the soil” versus citizenship by parental allegiance
This is one of the biggest constitutional fights over citizenship in modern American law, and the Court’s ruling may settle the issue legally, but it definitely will not end the political debate.
Watch the full breakdown and let me know: do you agree with the majority, or do you think Justice Thomas had the better argument?
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Produced by: Nate The Lawyer, Umar Sharif
Edited by: Umar Sharif
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