The Supreme Court has agreed to take up the constitutionality of President Donald Trump’s order on birthright citizenship.
The originalist argument in favor of birthright citizenship is that the phrase “subject to the jurisdiction” was meant to invoke only a small set of exceptions found in traditional British common law.
Earlier this year, the U.S. Supreme Court dodged consideration of the constitutional right to citizenship allotted to those born on American soil. Rather than striking down the guarantees in the 14th ...