Andrew Branca- The Question of Birthright Citizenship

Andrew Branca delivers a comprehensive legal and historical analysis of the Supreme Court's upcoming oral arguments in *Trump v. Barbara*, centering on President Trump's executive order seeking to restrict birthright citizenship under the 14th Amendment. He argues that the 14th Amendment was intended solely to grant citizenship to formerly enslaved Black Americans after the Civil War, not to children of temporary visitors or illegal immigrants. Drawing from the original congressional debates, Branca emphasizes that 'subject to the jurisdiction thereof' meant political allegiance and complete jurisdiction—not just criminal or civil authority. He highlights key statements from senators like Howard, Trumbull, and Johnson, who explicitly excluded ambassadors' children, Native Americans, and transient foreigners from birthright citizenship. Branca also critiques the *Wong Kim Ark* decision, asserting it only applies to children born to permanent resident aliens, not temporary visa holders or illegal migrants, and warns that extending its logic beyond those facts constitutes non-binding 'dicta.' He raises alarm over the growing 'birth tourism' industry, particularly from China, where hundreds of thousands of Chinese nationals are believed to have given birth in the U.S. or its territories to secure citizenship for their children—many of whom are now approaching voting age and could influence close elections. Branca calls for a restoration of the original meaning of citizenship as a bond of loyalty, not a bureaucratic perk, and urges the Court to uphold the executive order on statutory and constitutional grounds.