August 3, 2025
Ninth Circuit Swings and Misses on Birthright Citizenship
By Jay Tucker
The Ninth Circuit Court of Appeals has issued its opinion concluding that a nationwide preliminary injunction should restrict the president from enforcing his Executive Order No. 14160. That E.O. confirms lawful denial of birthright citizenship to various children of non-citizens. The Ninth Circuit, however, found the E.O. likely to be unconstitutional.
Congress first dealt with the subject of birthright citizenship when the 39th Congress passed the Civil Rights Act (CRA) of 1866 on April 9, 1866. The CRA granted citizenship to “all persons born in the United States and not subject to any foreign power.” The effect was to deny birthright citizenship to children of foreigners. That law was a clear and intentional departure from and rejection of English common law, which generally granted birthright citizenship to all children born on English soil. The 39th Congress then moved to strengthen the provisions of the CRA by carrying its protections into a new constitutional amendment. To that end, the final wording of the citizenship clause of the 14th Amendment (Citizenship Clause) was proposed to the Senate only 68 days after passage of the CRA:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
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https://www.americanthinker.com/articles/2025/08/ninth_circuit_swings_and_misses_on_birthright_citizenship.html
