Donald Trump's birthright citizenship executive order reaches the Supreme Court this week, dividing conservative legal scholars who once dismissed the policy as fringe. The administration argues the 14th Amendment has been misinterpreted for over a century, claiming children of undocumented immigrants aren't "subject to the jurisdiction" of the United States. This challenge to a constitutional guarantee established in 1868 reflects Trump's broader immigration agenda.

Legal experts note modern concepts of illegal immigration didn't exist when the amendment was drafted. While courts have consistently affirmed birthright citizenship, new scholarship has prompted some originalist scholars to reconsider. The Trump administration points to historical exceptions for Native American tribes as precedent for excluding children of undocumented immigrants.

The case tests presidential power against constitutional interpretation, potentially reshaping American citizenship if the court sides with Trump. Business leaders worry the policy could disrupt labor markets and supply chains dependent on immigrant workers. The Supreme Court's ruling will determine whether a fundamental principle of American identity undergoes radical reinterpretation.