Donald Trump (AFP)
Donald Trump has made a bold promise on the campaign trail, suggesting he could end birthright citizenship through an executive order. However, legal experts argue that such a move would be nearly impossible under U.S. law. Former acting solicitor general Neal Katyal appeared on MSNBC to discuss Trump’s claim, pointing out that the Constitution firmly protects birthright citizenship.
When asked about Trump’s plan, Katyal was clear in his response: “No, last I checked the President can’t override the Constitution.” He further emphasized, “The 14th Amendment is as clear as day that there is no way he can do that. If he tries that, he will lose in court every day of the week.” According to Katyal, the Constitution directly counters any attempt to revoke birthright citizenship, making such an executive order legally infeasible.
Trump’s promise to end birthright citizenship has stirred debate over the scope of presidential powers. The 14th Amendment, ratified in 1868, guarantees that “all persons born or naturalized in the United States” are citizens. This principle of birthright citizenship has been upheld by the Supreme Court and is widely regarded as a bedrock of American constitutional law. Experts agree that any effort to overturn this would likely face immediate and repeated challenges in the judiciary. told by The Hill
Legal analyst Allison Gill, who operates under the moniker Mueller, She Wrote, also weighed in on the matter. She pointed out the irony of Trump’s position, referencing another part of the 14th Amendment. “The 14th Amendment was also clear as day that an insurrectionist shouldn’t hold office. But here we are,” she noted. Gill’s comment alludes to Section 3 of the 14th Amendment, which bars anyone who has engaged in “insurrection or rebellion” against the U.S. from holding public office. This section has been cited by some critics who argue that Trump’s involvement in the January 6 Capitol riots should disqualify him from returning to office.
Katyal and Gill’s insights underscore the constitutional limitations of the presidency, specifically regarding the power to alter fundamental citizenship rights. While executive orders allow a president to influence policy, they cannot override constitutional provisions, which require a formal amendment process.
As Trump campaigns with this promise, the debate over his proposed actions continues. Legal scholars maintain that constitutional protections, especially those enshrined in the 14th Amendment, are unlikely to be overridden by executive action alone. As Katyal put it, if Trump attempts to eliminate birthright citizenship via executive order, “he will lose in court every day of the week.”
