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Does the Constitution Require Birthright Citizenship?

Does the Constitution Require Birthright Citizenship?

Akhil Amar and Edward Erler debate the President’s proposal to revoke birthright citizenship, diving into the history of the Fourteenth Amendment’s Citizenship Clause with host Jeffrey Rosen.

We the People

November 8, 20181h 5m

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Show Notes

President Trump’s declaration that he could revoke birthright citizenship with an executive order has set off a firestorm of controversy among legal scholars. On this episode, Professors Akhil Amar and Edward Erler debate whether or not the 14th Amendment requires birthright citizenship for all, and dive into the disputed history and original meaning of the Constitution’s Citizenship Clause. Jeffrey Rosen moderates as Amar argues that birthright citizenship is constitutionally required, while Erler asserts that it is not, and that Congress has the power to change it—and should.

Check out the Citizenship Clause of our Interactive Constitution: https://constitutioncenter.org/interactive-constitution/amendments/amendment-xiv/the-citizenship-clause-by-akhil-amar-and-john-harrison/clause/56