Liberal and conservative attorneys unite to call Trump's birthright proposal 'unconstitutional'

Attorneys George Conway and Neal Katyal want President Trump — and everyone else — to know that there's nothing Trump can do end birthright citizenship.
In an op-ed published Tuesday night in The Washington Post, Conway — conservative lawyer and husband of White House counselor Kellyanne Conway — and Katyal write: "Sometimes the Constitution's text is plain as day and bars what politicians seek to do. That's the case with President Trump's proposal to end 'birthright citizenship' through an executive order." Not only would this be "unconstitutional," they write, it would "certainly be challenged," and the "challengers would undoubtedly win."
Trump told Axios about his desire to end birthright citizenship just one week before the midterm elections. Conway and Katyal, a liberal who served as solicitor general under President Barack Obama, said that the drafters of the 14th Amendment wrote something that was "simple and clear," and Trump's proposal "exceeds the scope of his authority. Our Constitution could not be clearer that it is Congress, not the president, who is in the driver's seat when it comes to immigration."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The fact that two people with very different politics can agree on this, they write, "underscores something it is critically important to remember during a time marked by so much rancor and uncivil discourse: Our Constitution is a bipartisan document, designed to endure for ages. Its words have meaning that cannot be wished away." Read the entire op-ed at The Washington Post.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Catherine Garcia has worked as a senior writer at The Week since 2014. Her writing and reporting have appeared in Entertainment Weekly, The New York Times, Wirecutter, NBC News and "The Book of Jezebel," among others. She's a graduate of the University of Redlands and the Columbia University Graduate School of Journalism.
-
'"Andor" examines all sides of how empires operate'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US
-
DHS chief Kristi Noem's purse stolen from eatery
Speed Read Homeland Security Secretary Kristi Noem's purse was stolen while she dined with family at a restaurant in Washington, D.C.
By Peter Weber, The Week US
-
Harvard sues Trump over frozen grant money
Speed Read The Trump administration withheld $2.2 billion in federal grants and contracts after Harvard rejected its demands
By Peter Weber, The Week US
-
ABC News to pay $15M in Trump defamation suit
Speed Read The lawsuit stemmed from George Stephanopoulos' on-air assertion that Trump was found liable for raping writer E. Jean Carroll
By Peter Weber, The Week US
-
Judge blocks Louisiana 10 Commandments law
Speed Read U.S. District Judge John deGravelles ruled that a law ordering schools to display the Ten Commandments in classrooms was unconstitutional
By Peter Weber, The Week US
-
ATF finalizes rule to close 'gun show loophole'
Speed Read Biden moves to expand background checks for gun buyers
By Peter Weber, The Week US
-
Hong Kong passes tough new security law
Speed Read It will allow the government to further suppress all forms of dissent
By Peter Weber, The Week US
-
France enshrines abortion rights in constitution
speed read It became the first country to make abortion a constitutional right
By Peter Weber, The Week US
-
Texas executes man despite contested evidence
Speed Read Texas rejected calls for a rehearing of Ivan Cantu's case amid recanted testimony and allegations of suppressed exculpatory evidence
By Peter Weber, The Week US
-
Supreme Court wary of state social media regulations
Speed Read A majority of justices appeared skeptical that Texas and Florida were lawfully protecting the free speech rights of users
By Peter Weber, The Week US
-
Greece legalizes same-sex marriage
Speed Read Greece becomes the first Orthodox Christian country to enshrine marriage equality in law
By Peter Weber, The Week US