What would it take to end birthright citizenship in the U.S.?
BOSTON - It was one of the first things he signed in his second term. President Trump's executive order to limit "birthright citizenship" aims to sideline a law that he believes provides incentive for people to come to the United States illegally.
Birthright citizenship is a right granted in the 14th Amendment of the U.S. Constitution as written:
"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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
Since its inception, that law has been understood to grant someone born in the U.S. citizenship regardless of their parent's citizenship status. More than 30 countries have birthright citizenship including nearly all of North and South America and parts of the Middle East.
Origins go back to end of Civil War
The history of birthright citizenship in the U.S. goes back to 1868 and the end of the Civil War.
"The origins of it go back, like so much in our history, to the institutions of slavery," said Boston University Presidential Historian Tom Whalen. It was created, he said, to ensure decedents of slaves were granted the rights they deserved. A legal fight played out more than 150 years ago and it's been the law of the land since.
"The Supreme Court ruled that you cannot strip someone of citizen rights if they were born on American soil," Whalen said.
Constitutional amendment
So, what would it take to change it? A constitutional amendment. That has only happened 27 times in our nation's history. It's not impossible but incredibly rare.
"It's one of the hardest constitutions to amend in the history of the world," said Jessica Silbey of Boston University's School of Law.
A constitutional amendment requires 2/3 support from both chambers of Congress along with 3/4 of the states. A high bar to pass, as the Founding Fathers intended it.
"The idea that we would, with an executive order, with the signing of a pen, roll back something that we fought a civil war over seems highly unlikely," said Silbey.
If you have a question you'd like us to look into, please email questioneverything@cbsboston.com.