In this episode of Simplifying the State, Adam and Nicholas break down the history and significance of birthright citizenship in the United States—and what its fate may be. Tune in as they explore how this policy has shaped the nation and the debates surrounding its future.

Adam (00:00:46)
Welcome back to Simplifying the State. I’m Adam Watson.

Nicholas (00:03:607)
And I’m Nicholas Perrin.

Adam (00:05:452)
Okay, so Nicholas, I have a question for you. If you had to guess, what would you say Marco Rubio, Nikki Haley and Kamala Harris all have in common?

Nicholas (00:15:873)
They all have an “A” in their name.

Adam (00:17:986)
Well, that’s true, but that’s not what I was looking for. Another guess?

Nicholas (00:25:377)
They’re all politicians.

Adam (00:27:95)
Correct again, but that’s still not it. I was looking for the fact that they are all children of parents who were not U.S. citizens. Thanks to birthright citizenship, they are all citizens of the United States. So, Nicholas, can you tell us a little bit about the history of birthright citizenship?

Nicholas (00:53.978)
Sure. Birthright citizenship, in legal terms, starts with the 14th Amendment, which was passed alongside other Reconstruction Amendments after the Civil War. Its purpose was to improve life for Black people in the U.S. and bring them closer to equality with their white counterparts.

It was controversial at the time and was only ratified because the former Confederate states wanted representation in Congress. A deal was struck: they’d get representation as long as they passed the 14th Amendment and other Reconstruction Amendments.

The 14th Amendment has been controversial throughout its existence. For example, there’s the case of Wong Kim Ark. His parents weren’t U.S. citizens, but he was born in the U.S. He traveled to China and returned as a U.S. citizen. However, after another trip to China, he was denied reentry. The Supreme Court case United States v. Wong Kim Ark ultimately determined that he was a citizen because he was born in the U.S. That decision reinforced birthright citizenship.

Adam (02:28.194)
Right.

Adam (02:33.176)
So, have there been any other major challenges to birthright citizenship beyond that Supreme Court case?

Nicholas (02:50.894)
Yes, there have been other cases. I’m not sure if all were Supreme Court cases, but birthright citizenship has been challenged repeatedly and has persisted.

Adam (05:07.426)
Now connecting it to today. On his first day in office, President Trump issued an executive order attempting to end birthright citizenship, refusing to recognize children of unauthorized immigrants born in the U.S. as citizens. This order was widely criticized as unconstitutional. Twenty-two states, several cities, and immigrant rights organizations sued the administration over this.

Nicholas (05:39.346)
Isn’t that unconstitutional?

Adam (06:04.522)
That’s for the courts to decide. But critics argue that the president cannot unilaterally change the interpretation of the 14th Amendment. New Jersey Attorney General Matt Plotkin said, “The president cannot, with a stroke of a pen, write the 14th Amendment out of existence. Period.” In the broader political sense, this case could test the limits of presidential executive power. If the Supreme Court sides with Trump, it could signal an expansion of executive authority.

Nicholas (09:46.45)
Do you think the Supreme Court will uphold this executive order?

Adam (10:20.174)
It’s hard to say. There’s a conservative majority on the court, with four justices appointed by Trump. However, overturning more than 100 years of precedent since U.S. v. Wong Kim Ark and rewriting the 14th Amendment’s clear language would be challenging.

Nicholas (12:32.038)
Do you think there will be backlash from Republicans?

Adam (12:46.786)
Not likely. While some lawmakers might oppose it, most Republicans support stricter border measures, and this aligns with that stance.

Adam (13:18.104)
Thanks for listening to Simplifying the State. Join us next week as we unpack the Panama Canal and why it’s making headlines. See you then!