Migration, Citizenship, and the U.S. Constitution
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The U.S. Supreme Court’s decision on birthright citizenship prompted questions about the guarantee’s origins and citizenship before the 14th Amendment. Professor Anna Law discusses these questions, and Professor Prudence Cumberbatch offers comments.
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The U.S. Supreme Court narrowly upheld birthright citizenship in June 2026, and the invocations of competing versions of U,S, history in the Trump v Barbara opinion sparked questions about the origins of that bedrock constitutional guarantee. What was citizenship like before the 14th Amendment for politically disfavored groups, and why is the bedrock guarantee of birthright citizenship in the Constitution? Professor Anna Law, a scholar of U.S. immigration and constitutional law and history, is the author of Migration and the Origins of American Citizenship, a timely new book that addresses th…
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