Letters from an American The Legacy of Birthright Citizenship
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Apr 3, 2026 A courtroom showdown over attempts to end birthright citizenship and the Fourteenth Amendment’s role in defining who is American. A look back at the amendment’s Civil War origins and how it overturned Dred Scott. Historical episodes of racial exclusion and landmark cases like Wong Kim Ark are explored. Contemporary political theater at the Supreme Court and the ACLU’s legal challenge are highlighted.
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14th Amendment Secured Birthright After Civil War
- The 14th Amendment was written to guarantee citizenship for those born in the U.S. after the Civil War to overturn Dred Scott and protect formerly enslaved Black Americans.
- Congress framed “born or naturalized and subject to the jurisdiction thereof” as affirming existing constitutional citizenship rather than creating it anew, responding to postwar Southern resistance.
West Used Old Laws To Evade Citizenship Protections
- Western states used older naturalization laws to exclude Chinese and other nonwhite immigrants despite the 14th Amendment's language.
- The Supreme Court later affirmed birthright citizenship for U.S.-born children in cases like 1898's Wong Kim Ark amid exclusionary policies.
Government Policies Protected Citizen Children From Expulsion
- Despite long discriminatory naturalization practices, courts consistently upheld U.S.-born children's citizenship.
- Federal agencies even readmitted foreign-born mothers to avoid separating citizen children from guardians, reflecting policy protection for birthright citizens.