Jurisdiction for some: Trump's effort to end birthright citizenship

某些人的管辖权:特朗普结束出生权国籍的努力

Checks and Balance from The Economist

2025-05-03

45 分钟
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The Supreme Court will later this month hear challenges to Donald Trump's executive order ending birthright citizenship for certain groups of people. He signed the order on his first day in office; thus far, every court has ruled against him. Will the court, now or in the future, allow Trump to define who gets to be an American? Charlotte Howard hosts with Adam O'Neal and Idrees Kahloon. Transcripts of our podcasts are available via economist.com/podcasts Listen to what matters most, from global politics and business to science and technology—subscribe to Economist Podcasts+  
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  • It boils down to soil.

  • For centuries, kings determined who was a subject of their realm based on where they were born.

  • It was common law.

  • In 1608,

  • an English court ruled a man born in Scotland was entitled to land he had inherited in England.

  • Because five years earlier, the King of Scotland became the King of England.

  • That made the man subject to English law.

  • The case set the legal standard of use solely, the law of soil.

  • It predates the American Constitution, and it's now guaranteed by the 14th Amendment.

  • If you're born on American soil, you are an American.

  • At least for now.

  • I'm Charlotte Howard, and this is Checks and Balance from The Economist.

  • Each week, we take one big theme shaping American politics and explore it in depth.

  • This week, on his first day back in the White House,

  • President Trump issued an executive order limiting birthright citizenship.

  • He wants to deny the right to the children of undocumented immigrants and temporary residents of the United States.

  • Lower courts have all ruled against him.

  • As the Supreme Court prepares to hear the case this month, what's at stake?

  • And will Donald Trump succeed in redefining who gets to be an American?

  • With me are Idris Kalloun, the Washington bureau chief,