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It Always Comes Back to Slavery

January 24, 2025

Birthright Citizenship Began With Us

Say Something Real

By Michelle Bryant

Michelle Bryant

The National Museum of African-American History and Culture asks the question about who is included in “We the People” on their website. In developing their answer, the museum identifies the following in the quest to understand citizenship:

The 13th Amendment, ratified in December 1865, made slavery illegal throughout the United States. But it did not address other fundamental questions about the status of newly freed African Americans. Were they citizens? Did they have the same rights as other Americans? To resolve these issues, Congress passed the 14th Amendment, which contained key provisions on the definition of citizenship, the protection of civil rights, and the power of the federal government.

Ratified in 1868, three years after the abolishment of slavery, the 14th Amendment served a revolutionary purpose — to define African Americans as equal citizens under the law. Although its promises have not always been upheld, the 14th Amendment has provided African Americans and other groups in society with a legal basis to challenge discrimination, demand equal rights and protections, and effect change.

Evidently, Donald Trump didn’t get the memo or maybe he did. In a controversial move, the 47th United States President has issued an executive order aimed at eliminating birthright citizenship. Enshrined in the 14th Amendment, of the U.S. Constitution, the measure aimed to protect the rights of formerly enslaved individuals and their descendants.

The ramifications of this executive order raise profound questions about the interpretation of citizenship, equality, and the enduring legacy of slavery in the United States. Its intent was clear: to ensure that individuals who had been denied basic human rights under slavery would now be recognized as full citizens, entitled to the same protections and privileges as their white counterparts. By guaranteeing equal protection under the law, the amendment sought to rectify the injustices of the past and lay a foundation for a more equitable society.

Fast forward to today, and we find ourselves grappling with a resurgence of policies and rhetoric that echo the historical injustices. Trump’s executive order is part of a broader political strategy that seeks to redefine who belongs in America. In doing so, it seeks to undercut constitutional protections, particularly for marginalized communities. But the implications of such a move extend beyond the immediate impact on immigrant families; they touch on the core values of American democracy.

The idea that citizenship could be stripped away, based on parentage, harkens back to the very laws that upheld segregation and discrimination. When acts and amendments designed to protect formerly enslaved individuals and their descendants are challenged or overturned, to exclude present-day immigrants, it raises alarms about the fragility of civil rights for all Americans. Such actions could set a precedent for future administrations to target other rights and liberties, undermining the democratic principles that underpin our society. This is not just a matter of immigration; it is about the identity of the nation itself and who gets to claim it.

The historical context is critical here: many of the social and legal battles fought during the Reconstruction era, aimed at dismantling systemic racism, are being waged again. Whether we want to admit it or not, it always leads back to slavery. Until America stops running from its past, it remains doomed to repeat it. There’s nothing GREAT about that.

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Popular Interests In This Article: Birthright Citizenship, Michelle Bryant, Say Something Real, Slavery

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