The Truth About Birthright Citizenship

Following the Civil War, Congress passed a trio of amendments to the U.S. Constitution that were subsequently ratified by the required three-fourths of the existing states. The first such amendment was the 13th, which in a single sentence abolished slavery throughout the United States. It was submitted to the states on February 1, 1865, under President Abraham Lincoln and ratified on December 6, 1865, under President Andrew Johnson.

Next in line was the 14th Amendment, which was divided into five sections. The first section reads as follows: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Did you catch that? The words “All persons born or naturalized in the United States” are followed by a caveat “and subject to the jurisdiction thereof…” In other words, you had to be legally residing in a particular state in order for “birthright citizenship” to apply to you.

We will return to that subject in a minute.

The 15th Amendment, which was passed by Congress on February 26, 1869, and ratified by the states on February 3, 1870, granted the right to vote to all black men in one simple sentence…

“The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.”

Lump Amendments 13-15 together and they convey a unified message: black Americans, including former slaves, have the same rights as white Americans or those of any other race. That was the underlying theme for these three amendments that were passed and ratified during the Reconstruction period.

Fast forward to 2025 and President Donald Trump. On the first day of his second term, President Trump issued an executive order titled, “Protecting the Meaning and Value of American Citizenship”. In the order, President Trump correctly cited the premise for the 14th Amendment, which was to overturn and invalidate the Dred Scott decision. (Dred Scott v. Sandford was an 1857 case in which the Supreme Court of the United States ruled that the Constitution and its enumerated rights did not apply to African Americans.)

President Trump also logically asserted that the invaluable right of U.S. citizenship did not automatically extend to children born on American soil whose parents were not U.S. citizens themselves or here legally. For the purpose of the order, foreign nationals here on a temporary student, worker, or tourist visa are not considered legal residents.

Personally – and as a student of American history – I agree 100% with President Trump’s executive order and the historical precedents on which it rests. There is simply no way that you can convince me that multiple presidents, the Congress of the United States, and three-fourths of our state legislatures meant to allow someone to enter the U.S. illegally, give birth to a child, and expect that child to be granted immediate citizenship. On the contrary, most historians – amateur and otherwise – have concluded that the 14th Amendment was written with former slaves and their progeny in mind… period. To misconstrue it otherwise is an affront to African Americans and the terrible hardships they faced.

From the days of the Apostle Paul (see Acts 22:22-29), citizenship has been considered something to be highly cherished and not easily granted. Let us not make the mistake of breaking that centuries old understanding and appreciation by granting birthright citizenship to the children of illegal immigrants who just happen to have been born on this side of the Rio Grande or the St. Lawrence River.