The Supreme Court today agreed to hear a case that may redefine who is a citizen. The Trump executive order that is being challenged stated that children born on US soil to non-citizens are not US citizens, even though the 14th Amendment says they are. That presents a big dilemma for all of us. Let me explain.
The Constitution talks a lot about citizens, but it doesn’t define what a citizen is. It wasn’t until the 14th Amendment was ratified in 1868 that a definition was officially and legally framed. So from 1781 until 1868, there was no legal test to determine whether someone was or was not a citizen. Was George Washington a citizen? Was Abraham Lincoln a citizen? There is no way to prove their citizenship, one way or another. If Stephen Miller wants to challenge the definition of citizenship, then the revised test must also be applied to George Washington, Abraham Lincoln, and Stephen Miller.
If Trump’s logic prevails, then anyone born on US soil must prove that one or both of their parents were US citizens. Most US citizens are considered citizens because they were born to American parents. However, if Trump’s argument prevails, then anyone presuming to be a US citizen must prove that one or both of their parents were citizens. That means that every citizen’s parents must prove that THEY were citizens when their child was born. But if they are presumed to be citizens based on their own birthright, then they must also prove that THEIR parents were citizens. So the logical conclusion of denying the 14th Amendment definition of birthright citizenship is that EVERY American must prove that their parents, grandparents, great-grandparents, etc. were US citizens.
That will prove to be impossible for almost all Americans, because every American would have to produce paperwork verifying a continuous chain of citizenship by their ancestors. How many of us can provide that paperwork? And anyone who was presumed to be a citizen before 1868 cannot be claimed if birthright citizenship is disallowed because there was no way to prove their citizenship.
In fact, ironically, the ONLY people who can legitimately be considered US citizens are those people who have a piece of paper certifying that they became citizens legally, i.e., naturalized citizens. Only people born elsewhere and undergoing a proper vetting, including passing a citizenship knowledge test and taking a sworn oath, can legitimately be considered US citizens.
It will be fascinating to see how SCOTUS gets around the logical dilemma that any ruling that disallows birthright citizenship will create. I suspect none of the justices will be able to prove that they are citizens themselves unless they have a naturalized citizen in their family tree.
If SCOTUS rules in favor of Trump’s executive order, then Stephen Miller will not be able to prove that he is a US citizen. Karma is such a bitch.
