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Panel: Congress Has Power to Buck SCOTUS Birthright Citizenship Ruling

In June's Trump v. Barbara decision, Chief Justice John Roberts affirmed birthright citizenship but failed to credit philosopher Hannah Arendt for the phrase "right to have rights" used in his majority opinion.
The 14th Amendment guarantees citizenship to anyone born in the United States, though critics like Gene Hamilton of the America First Legal Foundation argue the clause requires national jurisdiction rather than mere territorial presence.
Arendt, a German Jew who fled Nazi Germany, described the "right to have rights" in The Origins of Totalitarianism to signify belonging to humanity, a historical context critics argue Roberts overlooked.
With an estimated 225,000 to 250,000 births to illegal immigrants in 2023 alone, Appeals Judge Steven Menashi and Hamilton suggest Congress could still attempt to work around the ruling.
As the Trump administration pursues ways to quell "birth tourism," legal scholars are probing potential actions Congress could take to rewrite the 14th Amendment's citizenship clause.

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Panel: Congress has power to buck SCOTUS birthright citizenship ruling

(The Center Square) – As the Trump administration continues to pursue ways to quell “birth tourism,” legal scholars are probing potential actions Congress could take to rewrite the common interpretation of the 14th amendment’s citizenship clause.

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