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While Trump has consistently argued against birthright citizenship, changing the Constitution is one of the most difficult processes in the US government.
The Constitution was deliberately designed to be difficult to amend, ensuring that fundamental changes enjoy broad national consensus rather than reflecting temporary political majorities.
US President Donald Trump suffered a major legal setback on Tuesday after the US Supreme Court rejected his bid to restrict birthright citizenship, dealing a blow to one of his signature immigration policies.
In a 6-3 ruling delivered on the final day of its current term, the Supreme Court held that children born in the United States to parents who are in the country illegally or on temporary visas are entitled to US citizenship under the Citizenship Clause of the 14th Amendment.
The decision effectively blocks Trump’s executive order, signed on the first day of his second term, which sought to end automatic citizenship for those children.
What Did Supreme Court Say?
Writing for the majority, Chief Justice John Roberts said the Constitution’s language is clear.
“Children born in the United States to parents unlawfully or temporarily present are ‘subject to the jurisdiction’ of the United States and are citizens at birth under the Fourteenth Amendment’s Citizenship Clause,” Roberts wrote.
The opinion was joined by two other conservative justices and the court’s three liberal justices.
The ruling reaffirmed the long-standing interpretation of the 14th Amendment, which has guaranteed birthright citizenship to nearly everyone born on US soil for more than 150 years.
In an unprecedented move for a sitting US president, Trump had personally attended oral arguments in the case at the Supreme Court in April, underscoring the importance of the issue to his administration.
Justice Samuel Alito’s Dissent
Conservative Justice Samuel Alito, joined by other dissenting justices, sharply criticised the majority’s decision.
Calling the ruling “a serious mistake”, Alito argued that the Constitution does not require the broad interpretation of birthright citizenship adopted by the court.
“If the Fourteenth Amendment required these results, the country would have to live with them or amend the Constitution,” Alito wrote. “But the Fourteenth Amendment does not include the rule the Court now imposes on the country. In my judgment, the Court has made a mistake that will seriously affect the country’s future.”
Can Trump Amend US Constitution?
While Trump has consistently argued against birthright citizenship, changing the Constitution is one of the most difficult processes in the US government.
Article V of the US Constitution sets out a two-stage process involving proposal and ratification, both requiring overwhelming political support.
Stage 1: Proposing an Amendment
A constitutional amendment can be proposed in one of two ways:
Congressional approval: A two-thirds majority is required in both the House of Representatives and the Senate.
Constitutional convention: Two-thirds of US state legislatures (34 of 50 states) must request Congress to call a constitutional convention. This method has never been successfully used.
Notably, the US president has no formal role in proposing constitutional amendments. The president cannot veto a proposed amendment, nor is presidential approval required.
Stage 2: Ratification
Once proposed, an amendment must be approved by three-fourths of the states (38 out of 50) before it becomes part of the Constitution.
Ratification can occur either through State legislatures, the method used for 26 of the 27 amendments or State ratifying conventions, used only once, in 1933, to approve the 21st Amendment repealing Prohibition.
Why Constitutional Amendments Are Rare
The Constitution was deliberately designed to be difficult to amend, ensuring that fundamental changes enjoy broad national consensus rather than reflecting temporary political majorities.
The numbers illustrate how high the bar is. Since 1789, more than 11,000 constitutional amendments have been introduced in Congress. Only 33 have received enough support to be sent to the states for ratification, and just 27 have ultimately become part of the Constitution.
With the Supreme Court reaffirming the Citizenship Clause of the 14th Amendment, any attempt by Trump to end birthright citizenship through constitutional change would require an extraordinary level of support in Congress and across the states.
About the Author
Saurabh Verma covers general, national and international day-to-day news for News18.com as a Chief Sub-editor. He keenly observes politics. You can follow him on Twitter –twitter.com/saurabhkverma19
Washington D.C., United States of America (USA)
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