In no uncertain terms, Mark Levin has debunked claims that the US Constitution confers “birthright citizenship” on any baby born on US soil, and urges the Supreme Court now debating the issue to come to the correct decision.
Mark Levin
He says it best himself, in this 11 minute video
Our sister blog wrongfulconvictionsreport.org carried a story on April 3, 2026, which raised this matter in the context of judges needing common sense added to their legal knowledge, cheekily citing US Chief Justice Roberts. That post wasn’t about the ‘birthright citizenship’ debate per se, but has sparked some comments which also mistakenly suggested that the US Constitution lays down the law on this. Far from it…
Mark Levin is a Constitutional scholar and conservative American broadcast news analyst, columnist, lawyer, political commentator, radio personality, and writer. He is the host of syndicated radio show The Mark Levin Show, as well as Life, Liberty & Levin on Fox News. Previously, Levin worked in the administration of President Ronald Reagan and was chief of staff for Attorney General Edwin Meese.
Excellent content here. The way you explained everything makes it easy to understand. Keep up the good work!
Thank you
Alan Dershovitz, the highly respected US law professor known for his work in U.S. constitutional and criminal law, has this to say:
My own view is that birthright citizenship is wrong as a matter of policy, especially if applied literally to virtually anyone born in the United States. Under that interpretation, if a pregnant European woman flying to China suddenly has labor pains requiring an unscheduled stop in the United States, where she gives birth and then immediately goes on to China, the baby is automatically a US citizen, even if it never sets foot in this country again. As a matter of policy, such a view of citizenship is absurd. Almost no other country accepts it, and it is doubtful that the framers of the 14th Amendment intended such a result in a case like that one. But that is not the typical case that affects thousands of children born in this country to illegal aliens who have lived here for many years. If these children are brought up in the United States and are subject to its laws for many years, their argument for birthright citizenship is far stronger.
So the question remains: which paradigm should govern – the weak case involving a child accidentally born here with no other connection; or the far stronger case of the child who has known no other country but this one for many years.