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Can Birthright Citizenship Be Changed By an Executive Order?

President Trump Announced He Wants to End Birthright Citizenship
3:03 PM, Oct 30, 2018

Contributors

Chloe Nordquist

President Donald Trump said he’s considering ending birthright citizenship by executive order Tuesday morning.

Before anything happens, it’s important to have some historical context.

Can Birthright Citizenship Be Changed By an Executive Order?

The 14th Amendment says all people born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the U.S.

Some people, including the president, have suggested removing that from the 14th Amendment. The idea would be to stop illegal immigrants from coming to the U.S. and having children, because those children are considered Americans.

Right now, to change the Constitution you need to pass an amendment to it. Amendments can be used to remove other amendments like with ending prohibition, the 21st Amendment repealed the 18th.

No president has ever changed the constitution with an executive order in our history.

However, the president could sign an executive order that removes birthright citizenship from the Constitution. The order would be immediately challenged in court.

That case would likely go to the Supreme Court as quickly as possible and the justices would rule on the matter.

The key to remember here is that right now, this is all talk.

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