In Reply to: SC will hear Trump case against birthright citizen posted by russsmith on December 05, 2025 at 14:23:20
Playing devil’s advocate, what is the argument for birthright citizenship?
Most European, Asian, and African countries—Japan, the UK, Germany, Italy, Poland, and many others—do not offer unconditional birthright citizenship. Their systems rely on descent, not birthplace. The U.S. is unusually broad in how it grants citizenship at birth.
That said, there are several strong arguments in favor of maintaining birthright citizenship in the United States.
First, the U.S. has a serious demographic challenge. Our replacement-level fertility rate is 2.1 children per woman, yet we’re currently at about 1.6. Without immigration or birthright citizenship, the long-term economic consequences of a shrinking, aging population would be severe: smaller labor force, weaker tax base, slower economic growth, and increased pressure on Social Security and Medicare.
Second, birthright citizenship provides legal clarity. It prevents the creation of large populations of stateless or semi-stateless children—people born in the U.S. who would otherwise have no clear claim to any citizenship. Many countries that rely exclusively on descent-based systems struggle with multi-generational resident populations who remain legally “foreign” despite being born and raised locally. Birthright citizenship eliminates that ambiguity.
Third, it is embedded in the U.S. Constitution through the 14th Amendment. While not everything in the Constitution is morally correct—slavery was once constitutional, after all—the 14th Amendment arose specifically to prevent a caste system and ensure equal national belonging. Removing birthright citizenship would be a drastic reinterpretation of a core post–Civil War principle.
Finally, the U.S. is unique because its national identity has historically been civic rather than ethnic. Birthright citizenship reinforces the idea that American identity comes from participation in the country’s social and political life—not inherited bloodlines. In a diverse, immigrant-driven society, that principle has been essential to maintaining cohesion.