Dellinger Authors OpEd in Politico on Birthright Citizenship in the US

O’Melveny partner Walter Dellinger recently authored an opinion-editorial commenting on current proposals to alter the principle of birthright citizenship in the United States.  The essay, "What Makes An American?,” was published in the Web and print editions of Politico on August 11.

The 14th Amendment of the US Constitution, made following the Civil War, firmly establishes that all people born in the United States are citizens, Dellinger explains. While the rule cannot be changed by statute, he notes, Congress does have the power, by a two-thirds vote, to propose an amendment to the Constitution that, if ratified, would revise the 14th Amendment’s birthright citizenship provision.

Dellinger observes that proposals to alter that principle have popular appeal among those who feel that citizenship should not automatically be bestowed on the offspring of those in this country illegally.  As some senators have recently announced support for committee hearings, he believes it is likely that one or both houses of Congress will soon hold hearings that might generate support for an amendment.

"For reasons deeply rooted in our history, adopting such an amendment would be a grave mistake," Dellinger writes. "Reflecting on our country’s experience with Dred Scott, we concluded, in the Civil War’s aftermath, that we should never again entrust politicians or judges with the power to deny citizenship to a class of people born on US soil."

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