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Why Birthright Citizenship Is Central To American Democracy -- And Our Future

Why Birthright Citizenship Is Central To American Democracy -- And Our Future

Now that we've completed our celebration of America's 250th birthday, it's time to prepare for the 300th — the tricentennial. I will not live to see it, but I hope the nation will.

At least, I hope a certain kind of America will celebrate its 300th year — one that has regained its moral equilibrium and turned its back resoundingly on illiberalism in all its ugly forms. If the United States does not reverse its current retreat from the principles and traditions that ennobled it, if it becomes the kind of predatory, grubby and aggressive nation that Donald Trump champions, or if it becomes the socialist shambles that a growing number on the left envision, then it will not deserve to celebrate a tricentennial.

How do we find our footing in the face of these challenges to liberalism? Well, the Supreme Court just helped us. Though the court has done its share to deform our constitutional structure recently, it also gave us a gift for the 250th anniversary of the Declaration. That gift was the birthright citizenship case, Trump v. Barbara.

Yes, it would have been more bracing if the court's decision had been 9-0. But on the key concepts, the majority affirmed a principle that is foundational to our republic: equality. And by affirming that citizenship belongs to (nearly) every child born on American soil, the court also tipped the scales on another argument currently roiling our republic, namely whether we are a creedal nation or one of blood and soil.

That's not how this works. Once the Supreme Court rules on the constitutionality of a matter, that's the final word. It takes it out of the hands of the elected legislatures. Remember all the hullabaloo about Roe v. Wade? You can look it up. The court could change its mind in future years (as it did in the Dobbs decision), or Congress and the states could amend the Constitution. But ordinary legislation? No.

By reaffirming birthright citizenship, the court upheld a pillar of equality in America. We are not guaranteed equality of outcomes, but we are all equal citizens. That is part of what the Revolutionary War achieved. It overturned centuries of deference, subordination and caste to create a new republic based on equality. While it's true that only land-owning white males were initially counted for voting, the ideas the revolution spawned made the extension of rights almost inevitable.

As the late historian Gordon Wood put it, "Equality was in fact the most radical and most powerful ideological force let loose in the Revolution. ... Once invoked, the idea of equality could not be stopped, and it tore through American society and culture with awesome power. It became what Herman Melville called 'the great God absolute! The centre and circumference of all democracy!'"

Before the revolution, students were instructed in how to bow to upperclassmen and professors, church pews were assigned "on the basis of family heads' age and social position," and land was inherited by primogeniture. Post-revolution, all of that changed. Handshaking, between men on equal footing, replaced bowing. Cap-doffing went out of fashion, and many other signifiers of rank and position were eliminated. The Constitution decreed that, "No Title of Nobility shall be granted by the United States," nor by any state.

Birthright citizenship is a constitutive part of this democratic philosophy.

Think about what the United States without birthright citizenship would look like. What is the bedrock upon which our citizenship would rest? Would it be race, religion, ethnic background, family history, wealth or some other criterion? JD Vance is already flirting with hierarchies of Americanness. He has referred often to the seven generations of his ancestors who are buried in Kentucky. "Now that's not just an idea, my friends," he insists, "that is a homeland."

Vance adds that he looks forward to resting there himself when his time comes, as will his children. But his children are the product of a marriage between himself and the daughter of recent immigrants. Her ancestors are buried in India. Is that their "homeland"? Are his children less American than he?

Abraham Lincoln would like a word. In a July 10, 1858 speech, he said:

"We have besides these men — descended by blood from our ancestors — among us perhaps half our people who are not descendants at all of these men, they are men who have come from Europe — German, Irish, French and Scandinavian — men that have come from Europe themselves, or whose ancestors have come hither and settled here, finding themselves our equals in all things. If they look back through this history to trace their connection with those days by blood, they find they have none, they cannot carry themselves back into that glorious epoch and make themselves feel that they are part of us, but when they look through that old Declaration of Independence they find that those old men say that 'We hold these truths to be self-evident, that all men are created equal,' and then they feel that that moral sentiment taught in that day evidences their relation to those men, that it is the father of all moral principle in them, and that they have a right to claim it as though they were blood of the blood, and flesh of the flesh of the men who wrote that Declaration, and so they are (my emphasis). That is the electric cord in that Declaration that links the hearts of patriotic and liberty-loving men together, that will link those patriotic hearts as long as the love of freedom exists in the minds of men throughout the world."

The Stephen Millers and Tucker Carlsons of the world are not Lincolnites. They emphatically endorse exclusive citizenship. Last year, Carlson hosted a Blaze Media figure who touted the superiority of "Heritage Americans," i.e., those who can trace their ancestry back to the Civil War. America, the guest claimed, is not "a collection of abstract things agreed to in some social contract" but a particular ethnocultural group that possesses the "Anglo-Protestant spirit" and "a tie to history and to the land. If you change the people, you change the culture." Carlson agreed.

If we were to confine citizenship to those who can trace their ancestry back to the Civil War, we would disenfranchise tens of millions, including the families of Antonin Scalia, Frank Sinatra, Jonas Salk, Barack Obama and, yes, Donald Trump, not to mention Sergey Brin, Elon Musk, Marco Rubio, Ted Cruz, Steve Jobs, Andrew Grove and so many others.

As Justice Horace Gray put it in the majority decision in Wong Kim Ark: "To hold that the Fourteenth Amendment of the Constitution excludes from citizenship the children, born in the United States, of citizens or subjects of other countries would be to deny citizenship to thousands of persons of English, Scotch, Irish, German, or other European parentage who have always been considered and treated as citizens of the United States."

Does this spirit require that we open our borders to all comers? Obviously not. Does it mean we must tolerate "birth tourism"? That point — raised in oral argument by the government's lawyer, D. John Sauer — is less than compelling. Sauer claimed that birthright citizenship "has spawned a sprawling industry of birth tourism as uncounted thousands of foreigners from potentially hostile nations have flocked to give birth in the United States in recent decades, creating a whole generation of American citizens abroad with no meaningful ties to the United States." But when pressed by Roberts about how big a problem this is, Sauer admitted that "no one knows for sure." OK, then.

Do immigrants know that once they have a child in the United States, that child is a U.S. citizen? Of course. But has this given rise to a flood of pregnant women at ports of entry? No. The Niskanen Institute examined the Center for Immigration Studies' widely cited estimate of 33,000 births to tourists per year and found it completely wrong. The CIS, to its credit, issued a retraction. Niskanen estimates that the true number may be closer to zero. But even the inflated CIS estimates would yield less than 1% of births, and there are border controls and other methods short of changing the Constitution (or other proposals peddled by MAGA influencers) that can reduce that number.

There is nothing novel about xenophobia in America, but it has always been outweighed by our dedication to the idea of America as a "shining city on a hill." That gets expressed in both our openness to immigrants and our unstinting grant of citizenship to those born here. The xenophobes object that birthright citizenship is rare in the world, which is true, though it's not true that we are alone in this policy. Several Latin American countries also grant birthright citizenship.

But that rare openness to newcomers is one reason why America has been so much more successful in assimilating immigrants than other nations. As Ronald Reagan said in 1989: "We lead the world because, unique among nations, we draw our ... strength from every country and every corner of the world. And by doing so we continuously renew and enrich our nation."

From the very beginning, we were a multiethnic, multireligious society, bound by place, yes, but much more by commitment to liberty and democracy — to the words and ideals spelled out in the Declaration and the Constitution. Even in the earliest days of the republic, America was composed of the descendants of English, French, German, Scandinavian, African, Dutch, Scottish, Irish, Swedish, Finnish, Jewish, Swiss and Native Americans. At the time of the revolution, there were whole swaths of Pennsylvania in which only German was spoken. (Frankly, Benjamin Franklin was quite ungracious about it, though he later softened.)

Uniting disparate people into a cohesive whole is not natural. Look around the globe. Ethnic, racial and religious conflict is the way of the world. Our ability to transcend those differences is one of the triumphs of our republic. As we look ahead to that celebration 50 years from now, let us hope that Trump v. Barbara restores essential ballast to the hull of our storm-tossed ship of state.

Mona Charen is policy editor of The Bulwark and host of the "Beg to Differ" podcast. Her new book, Hard Right: The GOP's Drift Toward Extremism, is available now.

Reprinted with permission from Creators



Despite the claims of anti-immigrant fanatics, the legal basis of birthright citizenship has hardly been contested in American history. As Chief Justice John Roberts' majority opinion noted, the practice was embedded in common law and then codified in the 14th Amendment. Neither politicians nor legal scholars thought the amendment's phrase "subject to the jurisdiction thereof" was ambiguous. It excluded only the children of diplomats, children born to invading soldiers (thankfully not a big problem), and certain native tribes. The court affirmed that interpretation in its 1898 Wong Kim Ark decision.

Five of the six justices who voted to strike down Trump's executive order ending birthright citizenship last week did so on constitutional grounds. Yet we live in an age of optional realities, so the president, perhaps not understanding how the Constitution works, posted that Republicans could "easily" reverse the Supreme Court's decision "through Legislation. ... No long and unwieldy Constitutional Amendment is necessary!" Speaker Mike Johnson, who may understand how the Constitution works but is required by his Trump servitude to pretend otherwise, said that he was very disappointed in the ruling and that "we'll have to deal with it as Congress."

China Syndrome: White House Plots With Bannon To Seize Control Of Midterm Election

China Syndrome: White House Plots With Bannon To Seize Control Of Midterm Election

Over the last several weeks, the outlines of a plot have begun to emerge that could signal how President Donald Trump, along with MAGA media figures and activists, could attempt to severely curtail voting rights under the pretext of declaring a national emergency posed by China.

The details of the scheme remain publicly vague, and may not yet come to pass, but the short version looks something like this: First, the White House would declassify and release documents purporting to show foreign interference in U.S. elections, especially by the Chinese Communist Party.

Next, Trump would use that supposed “proof” of a stolen election to declare a national emergency, thereby — according to those pushing this idea — giving him extraordinary powers over the upcoming midterms. That move would serve as a way to advance the anti-voting rights measures in the SAVE America Act, like forcing voters to prove their citizenship, without having to actually pass the law — which Congress, so far at least, appears reluctant to do.

The main players here come not only from the fever swamp backwaters of MAGA media, but also from the Office of the Director of National Intelligence and the White House. Former Trump adviser Steve Bannon is a central node, attempting to advance the operation on his War Room podcast, aired on right-wing network Real America’s Voice (RAV), long a major source of misinformation about the 2020 election.

Bannon’s RAV colleague John Solomon, whose role in the plot appears to be running the declassification effort, was recently appointed to a White House “task force” into supposed election integrity. Solomon was Media Matters’ Misinformer of the Year in 2019 for his role in laundering misinformation about the Bidens and Ukraine through his opinion columns.

Also in the mix is Peter Schweizer, who founded the Government Accountability Institute with Bannon and has moved from spreading misinformation about the Clintons to claiming that China is taking over the United States by exploiting birthright citizenship.

Then there’s Cleta Mitchell, a right-wing lawyer who was on the January 2021 call when Trump urged Georgia Secretary of State Brad Raffensperger to “find” enough ballots to tip the state his way. She referenced Schweizer in a June 20 appearance on War Room, positively paraphrasing an argument he made on his podcast acknowledging that much of the voting activity he wants to suppress is actually legal.

“Peter Schweizer put it pretty well last week in a podcast that he does with Eric Eggers, and the question they posed is: If fraud is made — if election fraud is made legal, is it still fraud?” Mitchell asked. “Because what's happened in California over the last decade is that the far-left Democrat, socialist, Marxists, communists have completely upended every vestige of election integrity.” (Bannon had teed her up by referencing the Los Angeles mayoral primary, claiming without evidence: “They stole it right in front of our face and laughed at us the entire time.")

Mitchell is supported by a loose array of election deniers who have called on Trump to issue an executive order to seize “king-like powers” over voting systems, supported by the national emergency decree.

Bill Pulte, the newly installed acting DNI, and his recently appointed chief of staff, former Republican National Committee official Christina Norton, also appear to figure heavily into the plan. On June 20, Bannon said Pulte’s role at DNI is “to get to the bottom of the 2020 stolen election.” Ten days later, Bannon described Norton as “one of the top election fraud people in all of the RNC” and said Pulte is “signaling where he's going on this” with her hiring, adding that “my understanding is that there is going to be real revelations about the stealing of the 2020 election."

The same day, NBC News reported that Solomon’s task force “is gathering thousands of pages of documents from U.S. intelligence agencies, with plans to declassify some of them, so President Donald Trump can amplify new accusations about past elections.” In describing his unpaid role at the White House, Solomon said he will be releasing “some documents, some secrets you should know about when it comes to weaponization, election integrity, other things."

Solomon’s recent media footprint offers clues about what he is likely looking to find, declassify, and present — possibly out of context. The subhead of a May 6 article of Solomon’s states: “The evidence continues to stack up that the U.S. intel community sought to downplay China's actions in 2020 as Trump sought reelection.” Then, during a May 19 interview, he said: “We do know the FBI had grave suspicions that China was trying to rig the election, probably with help from people on the ground, to help Joe Biden specifically."

The Supreme Court’s narrow June 30 decision to protect birthright citizenship could turbocharge the Bannon-Solomon-Pulte scheme, in part by providing fodder for anti-Chinese sentiment on the right. On Solomon’s website, Just The News, an article about the birthright citizenship case referenced Schweizer’s book and hyped the supposed China menace.

Birthright citizenship abuse via birth tourism, when foreign nationals travel to the United States on temporary visas specifically to give birth, is an issue that Trump addressed early in his second term.
Investigative journalist Peter Schweizer detailed this practice extensively in his 2026 book, “The Invisible Coup: How American Elites and Foreign Powers Use Immigration as a Weapon,” in which he described how China has industrialized the practice on a large scale through an organized industry.

Michelle Mittelstadt of the Migration Policy Institute told FactCheck.org that “birth tourism is a very small occurrence – of the 3.6 million U.S. births annually, a tiny fraction is due to foreign women who are not regularly domiciled in the U.S. coming here for the purpose of giving birth to secure U.S. citizenship for their child.”

And as the American Immigration Council’s Dara Lind noted: “Consulates have a ton of discretion under existing law to deny someone a visa. And suspicion of birth tourism _has_ served as a reason to deny visas in the past. If the problem is insufficient enforcement, good news, you can solve that problem without changing the law or Constitution!”

Bannon stated plainly on June 29 that Solomon’s “task force” and “also Pulte” would be central to creating a “predicate” for the declaration of a national emergency and subsequent executive order achieving the anti-voting rights goals of the SAVE America Act.

On June 30, Bannon interviewed another of his RAV colleagues, Wayne Allyn Root, who further elaborated what a national emergency declaration could look like.

“Stop talking about the SAVE Act and do a national security emergency for elections, which is the SAVE Act, which contains everything that's in the SAVE Act, Steve, and more and more,” Root said.

Just days earlier, on June 24, Trump canceled a signing ceremony for a bipartisan housing bill to pressure Congress to pass the stalled out SAVE America Act, which he referred to as a “National Emergency."

The “predicate” Bannon is hoping to manufacture could also be for other election initiatives the administration is working on — such as trying to force courts to give the administration access to various state voter rolls — an issue the administration is facing significant resistance to.

Whether this harebrained plot congeals into an active conspiracy to subvert the midterms remains to be seen, but given that Trump has already tried to overturn one election it would be a mistake not to take these rumblings seriously. There may indeed be an emergency — it’s just not the one that Bannon and company are talking about.

Trump Orders Federal Workers To Wear His 'Freedom 250' Promotional Merch

Trump Orders Federal Workers To Wear His 'Freedom 250' Promotional Merch

Federal workers for the U.S. Department of the Interior are being directed to wear pins promoting the president’s public-private partnership created to celebrate America’s 250th birthday — instead of the congressionally mandated group that was created to organize the events.

According to Mother Jones, National Park Service employees have been ordered to wear the pins, under threat of “professional reprimands.”

“When I asked if I would receive any disciplinary action if I chose not to wear the pin, I was told, ‘Yes,’” one person told Mother Jones. “I chose not to continue the conversation after that.”

Mother Jones reports that the “establishment of Freedom 250 has allowed Trump to more easily plan events that double as campaign rallies, to privately raise funds from corporations seeking influence with the administration, and to avoid disclosing exactly how much all this is costing US taxpayers.”

“Consequently,” says Mother Jones, “NPS employees say that wearing Freedom 250 pins amounts to a partisan declaration, akin to donning a MAGA hat, or worse.”

Democrats have called the Trump-created Freedom 250 organization a dark money group, Mother Jones noted, warning that it has no congressional oversight and has been accused of being used to buy access to the president.

Trump has announced that Freedom 250’s July 4 celebration on the National Mall would feature a “Trump rally.” Sunday’s White House UFC cage fight, which also celebrated President Trump’s 80th birthday, was organized by the president’s Freedom 250 group.

In a February statement, House Natural Resources Committee Ranking Member Jared Huffman (D-CA) and Oversight and Investigations Subcommittee Democrats “called out Republicans for allowing Trump to hijack America’s 250th Birthday celebration to sell access, hide his donors, and rewrite history — turning the country’s founding anniversary into a party exclusively for billionaires and a platform for Christian Nationalism.”

NBC News reports that the bipartisan America250 “is the nonprofit supporting the U.S. Semiquincentennial Commission, which was established 10 years ago through an act of Congress and is led by a bipartisan group of lawmakers and private citizens,” while Freedom 250 “was established by the Trump administration as a public-private partnership by which to fund and plan events celebrating this summer’s historic anniversary.”

President Donald Trump and Vice President JD Vance serve as chair and vice chair for the Freedom 250 group.

America250 lists its corporate sponsors while Freedom 250 only indicates certain “strategic partners.”

Reprinted with permission from AlterNet



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