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The New York Times: Trump’s Birthright Citizenship Proposal Is at Odds With Legal Consensus

October 30, 2018

In an interview released by Axios, President Trump proposed an executive order that would end the 14th Amendment’s right of birthright citizenship for children born to noncitizens on US soil. This clause was ratified following the Civil War with the purpose of overruling the Dred Scott Supreme Court decision that said black slaves were not citizens.

“In its most monumentally erroneous decision, the Supreme Court created a monstrous exception to the common law rule that birth on American soil to a free person was sufficient for American citizenship,” said O’Melveny partner Walter Dellinger, then the head of the Justice Department’s Office of Legal Counsel, in congressional testimony in 1995. “The court held that no persons of African descent — including free persons of African descent — and none of their descendants for all time to come could ever be citizens of the United States regardless of their birth in America.” 

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