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History’s Greatest Minds on Today’s News

Volume I · No. 113

Daily Debate

Thursday, September 24, 2026

Today's Debate · Birthright Citizenship and Border Policy

Should the United States restrict or end birth tourism and automatic birthright citizenship for children of non-citizens, or does doing so undermine foundational principles of American civic identity?

Secretary of State Marco Rubio has begun revoking visas of individuals who facilitate 'birth tourism,' the practice of traveling to the U.S. specifically to give birth and secure citizenship for a child. The move signals a broader Trump administration effort to curtail birthright citizenship, a principle long understood to flow from the Fourteenth Amendment. The policy sits at the intersection of immigration enforcement, constitutional interpretation, and the meaning of American national membership.

TJ

Citizenship must reflect genuine allegiance

The republic's founding promise — that all persons born on its soil are equal citizens — was written into the Fourteenth Amendment precisely to close the wound that the original Constitution left open, the grotesque exclusion of an entire people from membership. That promise I honor without reservation. Yet allegiance and citizenship are not mere accidents of geography; they are relationships of mutual obligation between a person and a political community. A child raised wholly abroad, whose parents arranged her birth on American soil as a legal transaction rather than a life begun here, has been given a document but not a formation. The question is not whether birthright citizenship should stand — it should, and firmly — but whether the Republic may reasonably distinguish between a birth that roots a child in American civic life and one engineered at a distance purely for legal advantage. That distinction does not betray the Fourteenth Amendment; it asks what allegiance, in practice, the Amendment was always meant to cultivate.

JM

Constitution's text and intent must govern

The Fourteenth Amendment speaks in plain terms: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens." The executive branch does not get to redraft that sentence by administrative order or visa policy. If the Congress and the people, acting through the amendment process prescribed in Article V, wish to alter the scope of birthright citizenship, that is the legitimate avenue — not executive action that effectively rewrites the compact without ratification. I understand the frustration behind this policy; the republic has always contended with those who would exploit its generous arrangements. But the remedy for an open door is a debate in the legislature and, if warranted, a properly ratified amendment — not a secretary of state unilaterally deciding which constitutional guarantees apply and to whom. The moment we permit the executive to narrow constitutional text by decree, we have handed the next executive the same license, pointed in whatever direction suits the faction then in power.

AH

Strong national interest demands clear rules

The national interest does demand clear rules — but clear rules must begin with the Constitution, not with executive preference. The Fourteenth Amendment is not ambiguous on its face: persons born on American soil are citizens. That clause was written in blood and ratified deliberately to settle the question of who belongs to this republic. I am no friend of chaos at the border, and I have always insisted that a nation which cannot enforce its laws is not truly governing itself. But the remedy for birth tourism, if it is a genuine abuse, lies in transparent statutory reform passed by Congress — the branch that holds the immigration power — not in visa revocations that sidestep the Amendment entirely. An executive that interprets its way around constitutional text to reach a convenient result has set a precedent it will regret the moment a different administration turns that same instrument against a different group. Fix the law; do not dissolve it.

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