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To end birthright citizenship, Donald Trump misreads the constitution

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IN HIS INAUGURATION speech Donald Trump promised that, in his administration, “we will not forget our constitution.” Before the day was over, Mr Trump had signed an executive order that, if implemented, would apparently end birthright citizenship, which is guaranteed by the 14th Amendment to the constitution. According to the plain text of the amendment, “all persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” It doesn’t mean what it appears to mean, Mr Trump claims.

Under Mr Trump’s order, from next month the federal government will refuse to issue “documents recognising American citizenship” (presumably passports) to newborns unless they have a parent who is either a citizen or a permanent resident of the United States. Children born in America to unauthorised immigrants would thus be excluded. But so too would those of around 3m people living in America on exchange, work or student visas.

Relatively few rich countries automatically extend citizenship to everyone born on their territory (though Canada does, as do most countries in Latin America). America started doing so at the end of the civil war. The constitution was amended then to overturn the Dred Scott decision of 1857, which held that black people were not Americans. The 14th Amendment ensured that freed slaves and their children would henceforth be citizens.

The Trump administration’s argument is that the 14th Amendment “has never been interpreted to extend citizenship universally to everyone born within the United States”. Narrowly speaking, this is true. The American-born children of foreign diplomats, who have immunity from prosecution, have always been excluded from American citizenship, under the clause about jurisdiction. Until the passage of the Indian Citizenship Act in 1924, so too were some native Americans. But Mr Trump seems to think the jurisdiction clause allows him to exclude far more people.

To justify this he draws on fringe thinking, which has gained adherents on the right since the early 1990s. Republican representatives in Congress have repeatedly introduced laws ending birthright citizenship, though none has got out of committee, notes Peter Spiro of Temple University in Philadelphia. The argument made is that when the framers of the amendment wrote “jurisdiction” what they in fact meant was “allegiance”. This “just looks reversed-engineered”, says Mr Spiro.

Since 1898, when United States v Wong Kim Ark was decided by the Supreme Court, American law and practice has held that birthright citizenship applies to the children of foreigners, says Alison LaCroix of the University of Chicago’s law school. In that case, an American-born child of Chinese migrants in San Francisco sued when he was refused re-entry to America. A president cannot overturn over a century of precedent about how to interpret a constitutional amendment with an executive order, says Ms LaCroix. Had it been applied in the 1960s Mr Trump’s rule would have stopped Kamala Harris from becoming a citizen.

Mr Trump’s order seems unlikely to survive legal challenges, even with a friendly Supreme Court. But even if it does, implementing it would be difficult. When applying for passports Americans have to submit only a birth certificate to prove their citizenship; these do not now record the citizenship or legal status of parents. Birth certificates are also issued by local governments, so that is unlikely to change soon, at least in Democratic states. To exclude foreigners’ children, everyone would have to provide documentation.

Ending birthright citizenship would also create some perverse outcomes. Although work visas and the like are nominally meant to be temporary, in reality, many people have them (legally) for decades, and start families during that time. In particular, because of a federal cap on the number of green cards available to citizens of any one country, people from India and China find it almost impossible to convert to permanent residency. Their children could now be excluded from citizenship, too. Indeed, it is unclear what legal status those children would have. In effect, some legal immigrants would give birth to undocumented “immigrants”.

The effect of ending birthright citizenship, combined with America’s current immigration law, would be to create a growing class of second-class residents—non-immigrants who can never become citizens. Fortunately, Mr Trump probably lacks the power to bring that about.

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Economics

The Medicaid calculus behind Donald Trump’s tax cuts

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HOW REPUBLICANS will find enough budget savings to pay for tax cuts is the political maths question of 2025. One of the most important calculations involves Medicaid, a government health programme for poor and disabled Americans. The problem is that Donald Trump has promised not to touch it, pledging to protect it for “the most vulnerable, for our kids, pregnant women.” On May 12th he also promised to lower prescription drug prices, although his plan is vague. Mr Trump’s populism on health benefits complicates the work of congressional Republicans hoping to slash spending. The committee that oversees Medicaid has finally released its proposal. Its outline steers clear of the deepest cuts that had been debated in Washington, but it nonetheless seeks large savings by imposing work requirements on Medicaid recipients who are unemployed.

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Economics

Tariff receipts topped $16 billion in April, a record that helped cut the budget deficit

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Shipping containers are seen at the port of Oakland, as trade tensions continued over U.S. tariffs with China, in Oakland, California, U.S., May 12, 2025.

Carlos Barria | Reuters

Receipts from U.S. tariffs hit a record level in April as revenue from President Donald Trump’s trade war started kicking in.

Customs duties totaled $16.3 billion for the month, some 86% above the $8.75 billion collected during March and more than double the $7.1 billion a year ago, the Treasury Department reported Monday.

That brought the year-to-date total for the duties up to $63.3 billion and more than 18% ahead of the same period in 2024. Trump instituted 10% across-the-board tariffs on U.S. imports starting April 2, which came on top of other select duties he had leveled previously.

While the U.S. is still running a massive budget deficit, the influx in tariffs helped shave some of the imbalance for April, a month in which the Treasury generally runs a surplus because of the income tax filing deadline hitting in mid-month.

The surplus totaled $258.4 billion for the month, up 23% from the same period a year ago. That cut the fiscal year-to-date total to $1.05 trillion, which is still 13% higher than a year ago.

Also on an annual basis, receipts rose 10% in April from 2024, while outlays declined 4%. Year to date, receipts are up 5%, while expenditures have risen 9%.

High interest rates are still posing a budgetary burden. Net interest on the $36.2 trillion national debt totaled $89 billion in April, higher than every other category except Social Security. For the fiscal year, net interest has run to $579 billion, also second highest of any outlay.

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Economics

Bessent sees tariff agreement as progress in ‘strategic’ decoupling with China

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Treasury Sec. Bessent: Likely to meet with China again 'in next few weeks' on a bigger agreement

Treasury Secretary Scott Bessent said Monday that the trade agreement reached over the weekend represents another stage in the U.S. shaking its reliance on Chinese products.

Though the U.S. “decoupling” itself from its need for cheap imports from the China has been discussed for years, the process has been a slow one and unlikely to ever mean a complete break.

However, Bessent said there are now specific elements of decoupling in place that are vital to U.S. interests. The U.S. imported nearly $440 billion in goods from China in 2024, running a $295.4 billion trade deficit.

“We do not want a generalized decoupling from China,” he said during an interview on CNBC’s “Squawk Box.” “But what we do want is a decoupling for strategic necessities, which we were unable to obtain during Covid and we realized that efficient supply chains were not resilient supply chains.”

When the pandemic struck in 2020, demand in the U.S. shifted from one reliant more on services to a greater focus on goods. That meant greater difficulty in obtaining material for multiple products including big-ticket appliances and automobiles. The technology industry, with its reliance on semiconductors, was also hit. What followed was an inflation surge in the U.S. not seen in more than 40 years.

The details of the U.S.-China pact are still sketchy, but U.S. officials have said so-called reciprocal tariffs will be suspended though broad-based 10% duties will remain in effect.

“We are going to create our own steel. [Tariffs] protect our steel industry. They work on critical medicines, on semiconductors,” Bessent said. “We are doing that, and the reciprocal tariffs have nothing to do with the specific industry tariffs.”

The agreement between the two sides is essentially a 90-day pause that will see reciprocal duties halted though the 10% tariff as well as a 20% charge related to fentanyl remain in place.

Bessent expressed encouragement on the fentanyl issue in which Chinese officials “are now serious about assisting the U.S. in stopping the flow of precursor drugs.” Bessent did not indicate a specific date when the next round of talks will be held but indicated it should be in the next several weeks.

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