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The Greatness of the Constitution Shines in the Birthright Citizenship Case
Dozens of women and their children arrive at a bus station following release from Customs and Border Protection on June 22, 2018, in McAllen, Texas. (Spencer Platt via Getty Images)
The Court’s decision shows that constitutionalism is strong. The Justices stood against the president, and did so on a matter of core constitutional principle.
By Jed Rubenfeld
07.01.26 — U.S. Politics
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Two hundred fifty years ago, our fathers brought forth on this continent a new nation, fundamentally different from the nations of Europe.

Most of today’s European nations originated as “ethno-states”—countries that belonged to a particular people sharing the same “blood,” typically named after that people. Germany, for example, was the nation belonging to and populated by Germans, but to be German, it was not enough to speak German. You had to be born German. You had to be born to German parents; you had to be German by blood.

In the late 18th century, there were also numerous multiethnic kingdoms and empires, embracing more than one ethno-state. Great Britain was an example. The Spanish and Russian empires were others.

America was none of the above. It was not an empire but a nation; not a kingdom but a democracy—and its people were not defined by blood. From the very beginning, America was a multiethnic, democratic nation.

“What then is the American, this new man?” asked Hector St. John de Crèvecoeur in 1782. “I could point out to you a family whose grandfather was an Englishman, whose wife was Dutch, whose son married a French woman, and whose present four sons have now four wives of different nations.” A man might be from any nation, but if he came to our shores he became a citizen, an American. As Crèvecoeur famously added: “Here individuals of all nations are melted into a new race of men, whose labors and posterity will one day cause great changes in the world.”

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Jed Rubenfeld
Jed Rubenfeld is a professor of constitutional law at Yale Law School, a free speech lawyer, and host of the Straight Down the Middle podcast. He is the author of five books, including the million-copy bestselling novel The Interpretation of Murder, and his work has been translated into over thirty languages. He lives with his wife, Amy Chua, in New York City, and is the proud father of two exceptional daughters, Sophia and Lulu.
Tags:
Immigration
Donald Trump
Deportations
Supreme Court
Law
The Constitution
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