Rep. Tom McClintock, R-Calif., raised questions Wednesday on Newsmax about the scope of birthright citizenship under the 14th Amendment, arguing that its meaning hinges on a key constitutional phrase often debated in legal circles.
On "Bianca Across the Nation," McClintock cited the amendment's language, noting it grants citizenship to those "born or naturalized in the United States and subject to the jurisdiction thereof."
"The question is, what does that mean?" McClintock said.
He argued that the amendment's historical context is critical, saying it was primarily intended to guarantee citizenship to the children of formerly enslaved people after the Civil War.
According to McClintock, both the text and congressional debates from that era suggest the authors did not intend the provision to apply universally to all individuals born on U.S. soil.
He said those discussions indicate that foreign nationals temporarily in the United States were not considered fully subject to the country's jurisdiction under the amendment.
McClintock's remarks come as the Supreme Court considers a closely watched case addressing who qualifies for citizenship at birth. President Donald Trump attended oral arguments Wednesday, marking the first time a sitting president has done so.
Framing the issue as a central legal question, McClintock said courts must determine whether individuals in the country without legal status meet the constitutional requirement of being "subject to the jurisdiction" of the United States.
"The question before the court — and the question of our time — is whether those who have illegally entered the country ... can be considered as having accepted the jurisdiction of U.S. laws," he said.
The debate over the 14th Amendment's citizenship clause has intensified in recent years amid broader disputes over immigration policy and border security.
Legal scholars remain divided, with some arguing the amendment guarantees citizenship to nearly all individuals born in the United States, while others assert that exceptions could apply based on parental status.
McClintock's comments reflect a broader effort among some lawmakers to revisit longstanding interpretations of birthright citizenship as the courts weigh related challenges.
GET TODAY NEWSMAX+:
NEWSMAX is the fastest-growing cable news channel in America with more than 30 million people watching!
Reuters Institute reports NEWSMAX is one of the top news brands in the U.S.
You need to watch NEWSMAX today.
Get it with great shows from Rob Schmitt, Greta Van Susteren, Greg Kelly, Carl Higbie, Rob Finnerty – and many more!
Find the NEWSMAX channel on your cable system – Go Here Now
BEST OFFER:
Sign up for NEWSMAX+ and get NEWSMAX, our streaming channel NEWSMAX2 and our military channel World at War.
Find hundreds of shows, movies and specials.
Even get Jon Voight's special series and President Trump's comedy programs and much more!
Watch NEWSMAX+ on your smartphone or home TV app.
Watch NEWSMAX anytime, anywhere!
Start your FREE trial now: NewsmaxPlus.com
Solange Reyner ✉
Solange Reyner is a writer and editor for Newsmax. She has more than 15 years in the journalism industry reporting and covering news, sports and politics.
© 2026 Newsmax. All rights reserved.