President Trump is calling on Congress to strip birthright citizenship from children born to non-citizen parents in the United States, reviving a long-standing conservative push that faces steep legislative obstacles even with Republican control of both chambers.
Trump's recent Supreme Court loss on the issue underscores why lawmakers are unlikely to act, despite his public pressure. The constitutional amendment that guarantees birthright citizenship under the Fourteenth Amendment cannot be undone by legislation alone. Any change would require a constitutional amendment, a process demanding approval from two-thirds of both the House and Senate, followed by ratification from three-fourths of state legislatures.
The practical math is daunting. Even with Republicans holding majorities in Congress, assembling the supermajority needed for a constitutional amendment remains extraordinarily difficult. The threshold has blocked countless reform efforts on far less contentious issues. States controlled by Democrats would almost certainly reject any such proposal during ratification, making passage virtually impossible in the current political environment.
The Supreme Court's decision against Trump's position removes another potential avenue, leaving executive action off the table as well. Without a pathway through the courts or a realistic constitutional amendment process, the president's calls amount to more political messaging than a genuine legislative prospect.
Congressional Republicans have shown little appetite for tackling the issue directly, understanding both the constitutional hurdles and the political risks of appearing to restrict rights. Even allies hesitate to burn political capital on a cause that cannot clear the constitutional bar required to succeed.
Author Sarah Mitchell: "Trump's birthright citizenship push is red meat for his base, but it's legislative theater with zero chance of becoming law."
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