CONSTITUTIONAL INTERPRETATIONS

The U.S. Constitution provides “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States ….”[1] In his effort to deport as many immigrants as he possibly can, President Trump has contended that the words “subject to the jurisdiction thereof” exclude from citizenship children born in the United States to “illegal” immigrants (and even to foreign tourists). His argument is ludicrous.

Congress has exercised its Constitutional powers “To establish an uniform Rule of Naturalization” and “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers ….”[2] Pursuant to those provisions, Congress has enacted statutes to extensively regulate the travel of non-citizens into the United States. Each of those travelers,  whether in the United States legally or not, are “subject to the jurisdiction” of the United States. If they are here illegally, they are subject to the criminal laws of the United States, i.e., its “jurisdiction.” If they are here pursuant to a “visa,” they are subject to the federal government’s power to enforce the terms of those visas, again its .“jurisdiction.” In either case, children born to those non-citizens while in the United States, other than diplomatic personnel or armed invaders from foreign countries, also become “subject to the jurisdiction,” i.e., the civil power, of the United States.[3] President Trump’s contrary interpretation is based entirely on the old legal concept of “allegiance,”[4] a word that the Constitution neither uses, nor implies. Other than the exceptions previously mentioned, children born here are “citizens” here under the explicit terms of the United States Constitution.

/s/ Dan D. Rhea    

[1] U.S. Const., Amendment XIV, §1.

[2] U.S. Const., Art. I, §8.

[3] See “Jurisdiction.” Merriam-Webster’s Unabridged Dictionary, Merriam-Webster, https://unabridged.merriam-webster.com/unabridged/jurisdiction. Accessed 31 Dec. 2025.

[4] See “Allegiance.” Merriam-Webster’s Unabridged Dictionary, Merriam-Webster, https://unabridged.merriam-webster.com/unabridged/allegiance. Accessed 2 Jan. 2026.