A Dive Into the History of the 14th Amendment and Birthright Citizenship

Are foreigners born from immigrant parents entitled to birthright citizenship? Is political divide getting in the way of changing constitutional amendments? What is originalism? These are the questions Ruby answers in Episode 12 of Treaties and Trials, addressing the recent Trump v Barbara Supreme Court case from a historical lens.

*NOTE: At 1:48 and 2:48, Ruby meant to say "immigrants' children" instead of "immigrant." At 9:53, Ruby meant to say "immigrants' children" instead of "foreigner."

SOURCES USED

Finkelman, P. (2004). The Historical Context of the Fourteenth Amendment. Temple Political & Civil Rights Law Review, 13(2).

Trump v. Barbara. (n.d.). Oyez. Retrieved July 4, 2026, from https://www.oyez.org/cases/2025/25-365

The 14th Amendment of the U.S. Constitution: A History

Trump Is Wrong About Birthright Citizenship. History Proves It. - POLITICO

Truths and Untruths About the Constitutional Origins of Birthright Citizenship | Constitutional Accountability Center

U.S. Constitution - Fourteenth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

Why is the Supreme Court Obsessed with Originalism? - Yale University Press

25-365 Trump v. Barbara (06/30/2026)