Why the Constitution Does Not Require Birthright Citizenship for Children of Illegal Aliens
- Rex Ballard
- 2 minutes ago
- 3 min read
Explained by Scholar Edward J. Erler
In our recent article, “The Supreme Court Must Uphold President Trump’s Executive Order on Birthright Citizenship,” we laid out why ending automatic citizenship for children born in the U.S. to illegal immigrants is both constitutionally sound and vital for protecting American sovereignty. As the Supreme Court prepares to rule in Trump v. Barbara this summer, a powerful new analysis from one of the nation’s leading constitutional scholars provides essential historical and legal clarity on the issue.
In the March/April 2026 issue of Imprimis (Volume 55, Issue 3/4), Edward J. Erler—professor emeritus of political science at California State University, San Bernardino and author of The United States in Crisis: Citizenship, Immigration, and the Nation State—publishes an updated version of his influential 2008 essay titled “Are We Subjects or Citizens? Birthright Citizenship and the Constitution.”
Erler makes a compelling case that the modern policy of granting automatic U.S. citizenship to children of illegal aliens is not required by the Constitution. It rests on a widespread misunderstanding of the 14th Amendment and ignores the American Founders’ deliberate rejection of feudal British traditions.
Key Points from Erler’s Analysis
Erler begins by noting that the American Founders explicitly rejected the British common-law doctrine of “birthright subjectship”—the feudal idea of perpetual allegiance based solely on place of birth. Under Blackstone’s Commentaries, anyone born within the King’s dominion owed lifelong loyalty as a “debt of gratitude.” The Declaration of Independence dissolved that allegiance entirely. As James Wilson declared: “Under the Constitution of the United States, there are citizens, but no subjects.” Citizenship in America is based on the consent of the governed, not the accident of geography.
The heart of the matter lies in the Citizenship Clause of the 14th Amendment (ratified in 1868): “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.”
Erler emphasizes that the phrase “subject to the jurisdiction thereof” is not superfluous. It requires exclusive political allegiance to the United States—not merely being physically present or subject to American laws. The amendment was designed to secure citizenship for freed slaves. Senators Jacob Howard and Lyman Trumbull were explicit: the jurisdiction clause excludes children of foreign diplomats, Native Americans (who owed allegiance to their tribes), and aliens who do not owe complete allegiance to the U.S.
The Supreme Court’s 1898 decision in United States v. Wong Kim Ark granted citizenship only to the child of legal resident aliens. No Supreme Court precedent has ever held that children born to illegal aliens are automatically citizens.
Crucially, Erler demonstrates that no constitutional amendment is needed to end the practice. Congress has the power under Section 5 of the 14th Amendment to define the scope of “subject to the jurisdiction.” Historical precedent includes Congress extending citizenship to Native Americans based on consent.
Erler ties the issue directly to the principles of the Declaration of Independence and warns that birthright citizenship for children of illegal aliens acts as a powerful magnet for illegal immigration. It erodes American sovereignty and self-government.
The full article by Edward J. Erler is essential reading and is available here: Are We Subjects or Citizens? Birthright Citizenship and the Constitution (Published by Hillsdale College’s Imprimis, March/April 2026. An updated version of his July 2008 essay.)
As the Supreme Court weighs President Trump’s executive action in Trump v. Barbara, Erler’s scholarship offers a clear constitutional roadmap. Ending birthright citizenship for children of illegal immigrants is not only lawful—it is essential to preserving our republic of citizens.
We at Shasta Unfiltered encourage every reader concerned with immigration, sovereignty, and constitutional government to read Erler’s full piece. It reinforces why this issue matters for the American experiment itself.
