Trump IIExecutive Order

Ending Birthright Citizenship

January 20, 2025

Executive order directing agencies to deny citizenship to children born in the US whose parents are not citizens or lawful permanent residents. Courts immediately blocked it as violating the Fourteenth Amendment. The order attempted to override 150 years of settled interpretation since United States v. Wong Kim Ark (1898).

CFI Score

9

Severe Tension

Constitutional Floor

Violation

3+ lenses found severe tension

Lens Agreement

Broad Consensus

Lenses largely agree

Steelman Defense

+26.8

Stronger defense than consensus

Key Constitutional Issues

Floor Violations

Rights

5 of 5 lenses scored −2 (strong tension)

Equal

5 of 5 lenses scored −2 (strong tension)

Separation

5 of 5 lenses scored −2 (strong tension)

Due Process

5 of 5 lenses scored −2 (strong tension)

Caution Areas

Democratic

3 of 5 lenses found moderate tension

Welfare

5 of 5 lenses found moderate tension

Dimensional Extremes

Strongest: Sovereignty

Mean score -0.2 0 of 5 lenses scored positively

Weakest: Rights

Mean score -2.0 5 lenses found strong tension

Dimensional Profile

RightsEqualDemocraticSeparationDue ProcessWelfareSovereignty
MeanRange

Dimension Scores by Lens

Rights
-2.0
Equal
-2.0
Democratic
-1.4
Separation
-2.0
Due Process
-2.0
Welfare
-1.0
Sovereignty
-0.2

Scoring Matrix

DimensionTextualistOriginalistDoctrinalistLivingPragmatistSteelman
Rights-2-2-2-2-2-1
Equal-2-2-2-2-2-1
Democratic-1-1-1-2-20
Separation-2-2-2-2-2-1
Due Process-2-2-2-2-2-1
Welfare-1-1-1-1-10
Sovereignty000-10+1

Lens Narratives

Click to expand each constitutional lens's reasoning.

Steelman Analysis

The subject to jurisdiction clause has narrow readings available for diplomats and combatants. But this contradicts 150 years of precedent. Congress, not the executive, should clarify the clause.

Delta by Dimension

Rights
+1.0
Equal
+1.0
Democratic
+1.4
Separation
+1.0
Due Process
+1.0
Welfare
+1.0
Sovereignty
+1.2