Letters from an American, June 27, 2025 By Heather Cox Richardson
After the Supreme Court today decided the case of Trump v. CASA, limiting the power of federal judges to issue nationwide injunctions, President Donald Trump claimed the decision was a huge victory that would permit him to end birthright citizenship, that is, the principle that anyone born in the United States, with very limited exceptions, is a U.S. citizen. To reporters, he claimed: “If you look at the end of the Civil War—the 1800s, it was a very turbulent time. If you take the end day—was it 1869? Or whatever. But you take that exact day, that’s when the case was filed. And the case ended shortly thereafter. This had to do with the babies of slaves, very obviously.”
This is a great example of a politician rooting a current policy in a made-up history. There is nothing in Trump’s statement that is true, except perhaps that the 1800s were a turbulent time. Every era is.
The Fourteenth Amendment that established birthright citizenship came out of a very specific moment and addressed a specific problem. After the Civil War ended in 1865, former Confederates in the American South denied their Black neighbors basic rights. To try to remedy the problem, the Republican Congress passed a civil rights bill in 1866 establishing “[t]hat all persons born in the United States and not subject to any foreign power, excluding Indians, not taxed, are hereby declared to be citizens of the United States; and such citizens of every race and color…shall have the same right[s] in every State and Territory in the United States.”
But President Andrew Johnson, who was a southern Democrat elected in 1864 on a union ticket with President Abraham Lincoln, a Republican, vetoed the 1866 Civil Rights Bill. While the Republican Party organized in the 1850s to fight the idea that there should be different classes of Americans based on race, Democrats tended to support racial discrimination. In that era, not only Black Americans, but also Irish, Chinese, Mexican, and Indigenous Americans, faced discriminatory state laws.
In contrast to the Democrats, Republicans stated explicitly in their 1860 platform that they were “opposed to any change in our naturalization laws or any state legislation by which the rights of citizens hitherto accorded to immigrants from foreign lands shall be abridged or impaired; and in favor of giving a full and efficient protection to the rights of all classes of citizens, whether native or naturalized, both at home and abroad.”
