November 05, 2018

ABA Legal Fact Check explores history of birthright citzenship

WASHINGTON, Nov. 5, 2018 — A national debate on birthright citizenship was ignited when President Donald Trump recently said he could use an executive order to end this form of citizenship, which is automatically granted to U.S.-born children of undocumented immigrants. Others, including House Speaker Paul Ryan, strongly disagreed.

A new ABA Legal Fact Check looks at both the history of the issue of birthright citizenship as well as the authority of presidential executive orders. The fact check also examines the relevant language of the Constitution’s 14th Amendment and subsequent U.S. Supreme Court cases that suggest the president faces a challenge in getting the court’s justices to agree with his point of view.

ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to sometimes confusing legal questions and issues. For coverage of other timely issues in the news, these prior ABA Legal Fact Checks might be helpful:

  • Click here on what legally constitutes the crime of treason.
  • Click here on whether White House confidentiality agreements can be enforced.
  • Click here for an ABA Legal Fact Check on attorney-client privilege.
  • Click here for an ABA Legal Fact Check on under what circumstances, if any, would a president be above the law.
  • Click here for an ABA Legal Fact Check on the authority of a president to issue pardons.

The URL for the site is Follow us on Twitter @ABAFactCheck.

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