2025

Prof. Paul Finkelman Challenges Administration’s Birthright Citizenship Stance at Santa Clara Law

September 22, 2025 – Santa Clara, CA
Santa Clara Law and the Center for Social Justice and Public Service welcomed distinguished constitutional scholar Professor Paul Finkelman of the University of Toledo College of Law for a powerful and timely lecture titled “The Original Meaning of Birthright Citizenship: Why the Current Administration Has It Wrong.”  The talk, part of the law school’s Dean’s Democracy Series, drew an audience of students, faculty, and community members eager to engage with one of the most pressing constitutional issues today.

Finkelman, a nationally recognized authority on American legal history and civil rights, offered a spirited defense of birthright citizenship, arguing that recent efforts by the current administration to restrict it misunderstand both constitutional law and historical precedent. He made clear that the Citizenship Clause of the 14th Amendment guarantees that all persons born on U.S. soil (except the children of diplomats), regardless of parentage, are citizens of the United States, and to change the meaning of birthright citizenship is to change the 14th Amendment, which he stated simply cannot be done through executive orders.

Throughout the talk, Finkelman brought the audience on a sweeping tour of the evolution of American immigration and citizenship law. He detailed how the legal status of enslaved and free African-Americans, Native Americans, and other marginalized groups shifted over the first two centuries of U.S. history, underscoring the inconsistencies and contradictions in how citizenship was defined and applied. He noted that in early American jurisprudence, it was not uncommon for individuals to be granted citizenship at the state level but denied it nationally. He noted that some states before the Civil War allowed free African Americans to vote and even hold office, even though the Supreme Court said they were not citizens of the United States. He also pointed to historical instances where non-citizen immigrants legally voted in their states. These examples, he argued, highlight the long-standing complexity of American citizenship that are often lost in today’s political soundbites.

Prof. Finkelman welcomed questions from the audience and responded thoughtfully, fostering a dynamic and engaging exchange. He concluded his remarks by turning to the future, addressing the community in the room. With the weight of history behind him, he reminded everyone

“All of you here… Your role as law students, as lawyers, as law professors, is to go out and do justice for all.”

The event, part of the Dean’s Democracy Series, reflects Santa Clara Law’s continued commitment to fostering thoughtful dialogue on democracy, the Constitution, and the responsibilities of future legal professionals. In a moment when foundational rights are being challenged, Professor Finkelman’s talk served as both a legal lesson and a call to action.

A recording of the session can be found here.