When Donald Trump first proposedending birthright citizenship, and theresulting “anchor baby” scandal, theWashington Pos t’s Phillip Bumpreassured his readers the task was “nearly impossible” because it would require either a constitutional amendment, or persuading the Supreme Court to “overturn” its interpretation of the citizenship clause of the Fourteenth Amendment. [Donald Trump and Scott Walker want to repeal birthright citizenship. It’s nearly impossible, August 18, 2015]. But in reality, the Supreme Court has never ruled directly on birthright citizenship for illegal aliens one way or the other, and there is already proposed legislation aimed at restricting birthright citizenship without a constitutional amendment at all.
Moreover, while it’s always difficult to predict how the Supreme Court will rule, the opponents of birthright citizenship reform rely on a dangerously narrow reading of the 14th Amendment. Its current interpretation may not be difficult to “overturn” at all. ...
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