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Washburn Law Journal Blog Posts From November 2018

Photograph: Gillian Chadwick (left) and David Rubenstein.The Other Birthright Citizenship Question – Who Decides? by Gillian Chadwick & David S. Rubenstein | November 3, 2018
President Trump sparked a frantic response from advocates and scholars this week when he announced that he could terminate birthright citizenship for children of undocumented parents with an executive order. The bulk of that response has focused on the question of what the Constitution means with respect to birthright citizenship. The other question raised by Trump's assertion is structural: who gets to decide what the Constitution means with respect to birthright citizenship?

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