President Trump’s second term thrusts the question of birthright citizenship to the forefront of American politics: should the United States automatically grant citizenship to any child who happens to be born on U.S. soil? Neither the Declaration of Independence nor the Constitution requires doing such a thing. Yet defenders of birthright shut down any debate by framing opposition as cruel and racist—and obviously wrong as a legal matter.

But there is a strong constitutional and moral case for limiting birthright citizenship. It’s the argument that led the Trump Administration to issue an executive order that defines a new status quo: going forward, children of illegal aliens won’t receive recognition of their citizenship by the U.S. Department of State or any other executive agency.

Start with the Constitution. The question of birthright citizenship goes back to the 14th Amendment, one of the three ratified in the immediate wake of the Civil War. The relevant portion reads: “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.” The phrase at issue is “and subject to the jurisdiction thereof” (known as the jurisdiction clause). Proponents of birthright maintain that the phrase merely means subject to the laws and courts of the United States.

Yet the debates over the 1866 Civil Rights Act, the legislation that led to the 14th Amendment, as well as the principles of the American founding, suggest a different interpretation.

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