Ban Birth Tourism Act of 2026

The Constitution establishes birthright citizenship in the Fourteenth Amendment, which declares that 'All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.' This provision is unambiguous and does not grant Congress the authority to deny citizenship to children born on U.S. soil, except for those not subject to U.S. jurisdiction (e.g., foreign diplomats or enemy forces in wartime). The proposed bill would effectively amend the Constitution by statute, which is beyond the legislative power. Furthermore, the naturalizatio…

The Fourteenth Amendment explicitly declares that 'All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.' This provision admits of no exception for aliens who are lawfully present. To deny citizenship to children born on American soil to such aliens would be to contravene the plain text of the Constitution. The Tenth Amendment further reserves to the States or the people those powers not delegated to the United States; the power to alter the fundamental definition of citizenship, as set forth in the Constitution, is no…

The Constitution, in Article I, Section 8, Clause 4, grants Congress the power to establish a uniform rule of naturalization, but this power is limited by the Fourteenth Amendment's Citizenship Clause, which declares that all persons born or naturalized in the United States and subject to its jurisdiction are citizens. The proposed bill seeks to deny citizenship to children born in the United States to certain aliens, which would contravene this constitutional guarantee. Furthermore, the Federalist No. 10 warns against factions that might undermine the rights of individuals, and this bill appe…

The Constitution, in the Fourteenth Amendment, declares that 'All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.' This clause is self-executing and defines citizenship with precision, leaving no room for Congress to alter its meaning by statute. To deny citizenship to children born in the United States to certain aliens would directly contradict the plain text of the Constitution. Furthermore, as established in Marbury v. Madison, it is emphatically the province of the judicial department to say what the law is, and…