Washington D.C., Nov 1, 2018 / 04:44 pm (CNA/EWTN News).- A plan floated by President Donald Trump to end “birthright citizenship” through an executive order is likely unconstitutional, according to a law professor at The Catholic University of America.
“This idea that you can pass this kind of a fundamental change to the Constitution through the signing of a pen…does not comport with the Constitution,” CUA law professor Stacy Brustin told CNA.
In a recent interview with news site Axios, Trump said that the U.S. is “the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States,” according to an Oct. 30 Axios report.
“It’s ridiculous. It’s ridiculous. And it has to end,” Trump added.
The president reportedly said that he would soon end “birthright citizenship” through an executive order.
The Fourteenth Amendment to the U.S. Constitution is generally understood to establish that citizenship is conferred upon all children born in the United States, regardless of the legal status or citizenship of their parents.
Brustin told CNA that the president is not empowered to change the Constitution through an executive order.
“There are two very clear and established ways of changing the Constitution that are actually articulated in the Constitution,” she explained.
“Either two-thirds of both houses of Congress have to pass a proposed amendment, and then send that amendment to the states for ratification by three-quarters of the states,” or else a Constitutional convention must be held. Typically, the Congressional route has been used for the passage of previous amendments.
If Trump were to pursue an amendment to change the practice of birthright citizenship, Brustin said, it would likely be “extremely difficult,” pointing to the failed attempts at passing other amendments, such as the unratified Equal Rights Amendment.
The practice of jus soli, or “birthright” citizenship is fairly common throughout North and South America, while no European country grants immediate citizenship to all those born on its soil. In most European countries, the conferral of citizenship depends upon the legal status of a child’s parents, regardless of where the child happens to be born. Some countries permit citizenship to be granted after a child has resided in the country for a set number of years, but this practice varies widely.
The Fourteenth Amendment was passed shortly after the Civil War, to ensure that former slaves could not be denied citizenship. The amendment says that “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Trump’s remarks appeared to endorsing a minority perspective on the amendment centered around the phrase “subject to the jurisdiction thereof.” While some argue that this phrase is meant to exclude people who are in the country illegally, Brustin disagreed.
“’Subject to the jurisdiction’ has been interpreted by our court as meaning ‘present in the United States,’” explained Brustin, with the sole exception being the children born to diplomats.
“But otherwise, those who are physically present are subject to the laws of the United States. That’s generally that’s what that means,” she said.
In addition to her work in the classroom, Bustin is the director of CUA’s Immigrant and Refugee Advocacy Clinic. Brustin said that the president’s words have created fear among the immigrant community she works with at the clinic.
“Whether the law is changed or not, there will be fear among those in the immigrant community that children born in the United States to immigrant parents will not be able to become citizens,” she said.
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Migrants walk alongside the railroad tracks after dismounting from the “La Bestia” train, which they rode through Mexico to reach the Mexico-U.S. border near Chihuahua, Mexico, on Sept. 27, 2025. / Credit: David Peinado Romero/Shutterstock
Ricky Reyes dribbles the ball up court as now-Father Peter Schirripa follows behind at the national basketball tournament for seminaries in 2022. / Credit: St. John’s Seminary
CNA Staff, Nov 6, 2023 / 14:40 pm (CNA).
Imagine the scene: The alarm clock starts beeping and it’s 4 a.m. Basketball practice starts in an hour. It’s time for a group of bleary-eyed young men to grab their gear, meet their teammates, and begin a one-mile uphill jog in the middle of New England’s freezing weather to the basketball facility.
Once inside the gym, the work begins: stretching, sprints, layups, scrimmaging, shooting, defensive posture, all with one goal in mind — winning.
This type of intense training is all in a day’s work for one team of men in Boston.
No, it’s not the Division I team at Boston College, Boston University, or Northeastern University.
Rather, it’s how a team of seminarians at St. John’s Seminary in Boston trains. And their goal of winning is twofold: victory in the spiritual life and a championship trophy at the national tournament for seminaries, which is held once a year.
But what does playing basketball have to do with priestly formation? Well, according to the seminarians who play for the St. John’s Eagles, quite a lot.
St. John’s Seminary’s basketball team at practice. Credit: St. John’s Seminary/YouTube May 18, 2023
A ‘microcosm of the spiritual life’
When 27-year-old Deacon Marcelo Ferrari, the team’s co-captain, first entered seminary, he saw the game as more of an extracurricular activity, “a good opportunity to spend some time with close friends and maybe build some fraternity.”
“But very quickly it became clear that the basketball team is just a microcosm of the spiritual life,” Ferrari, of Monterrey, Nuevo León, Mexico, said.
Playing the game together imitates the spiritual life in that “you experience a lot of humiliation, especially if you’re not as skilled like me,” said Ferrari, who has more experience in soccer than in basketball.
“But you also just learn a real sense of what sacrifice means,” he said. “Even practice just being at 5 in the morning is enough to demand a lot of the human heart.”
The experience of being on the team aided in Ferrari’s priestly formation in “so many ways,” he said, adding that “it became a critical space for me to recognize especially more of those subtle movements of the heart.”
“There’s nothing like team sports to bring out every part of you,” he said.
An uphill climb
Ferrari had never played organized basketball until he entered St. John’s Seminary. It wasn’t until another seminarian who established the team, now-recently ordained Father Peter Schirripa, asked him to join that he considered it.
“He saw me playing soccer and was like, ‘Oh, this guy’s mildly athletic. Let’s see if we can get him a basketball and see what he can do,’” Ferrari said.
This type of recruiting was par for the course for Schirripa, 30, who grew up in Lexington, Massachusetts, and had the idea for the team when he first entered seminary more than six years ago.
But Schirripa, who had experience in basketball, track and field, and soccer, credits the founder of the media apostle Word on Fire, Bishop Robert Barron, with the conception of the idea.
Schirripa was visiting his alma mater St. Anselm College during its 2017 graduation ceremony, the spring before his entrance to seminary, when he met Barron, who was giving the commencement address. Barron mentioned to him that there was a national basketball tournament for seminaries and encouraged Schirripa to put together a team from St. John’s.
So, Schirripa brought the idea to his superiors at the seminary and got a green light to start building a team for the national tournament.
Deacon Marcelo Ferrari at one of St. John’s Seminary’s basketball practices. Credit: St. John’s Seminary/YouTube May 18, 2023
“The leadership was like, ‘Sure, you can do it if you can pull it off.’ But I was a first pre-theologian. I’d been there for, like, three weeks,” Schirripa said.
“And let’s just say there was not a robust athletic or even really communal culture at St. John’s at the time. And so trying to inspire guys to do this and play on the team, it was like I was just taking whatever warm body I could get,” he said.
Eventually, enough seminarians wanted in, and Schirripa’s idea came to fruition, which culminated in St. John’s taking a squad of 15 guys to the national tournament at Mundelein Seminary in Mundelein, Illinois, and winning two games in 2018.
“We went out to it and we won two games, which is crazy because we were so bad,” he said.
He noted that the games were livestreamed and their brother seminarians were watching.
“The whole common room was watching it and I think people couldn’t believe that we did it,” he said.
“And the rest,” Schirripa said, “is history.”
St. John’s has been sending a team to the national tournament ever since. The best they’ve done is third place in a tournament that typically consists of between 12 and 16 teams.
The future of the church
Part of St. John’s success can be attributed to their volunteer coach, Patrick Nee, 44, a practicing Catholic in the greater Boston area who was a Division I basketball player at Brown University in the 1990s.
Nee had coached on the high school level, on travel teams, and even on his young children’s teams, but what made this coaching experience different was the “shock” of being immersed in seminary culture.
“It’s not an experience like I’d ever had before, just being in a gym with 15 seminarians, being on a bus or being on a plane with them and just realizing how good it was,” he said. “And these guys are really holy guys that are just terrific. Getting to know them all, it has just been really inspiring for me.”
Patrick Nee coaches St. John’s Seminary’s basketball team. Credit: St. John’s Seminary/YouTube May 18, 2023
Nee, a high school state champion from St. Raphael Academy in Pawtucket, Rhode Island, said that he stopped practicing his Catholic faith during his college years and didn’t come back to it until his late 20s.
He said that when he returned to the Church it took him on “a journey.” And over the last five years, that journey has “intensified” even more, he said, adding that “this experience has played a role in that.”
Nee said that it’s overwhelming “in the best way” when he is at the tournaments and “every guy you meet is this on-fire guy who’s studying to be a priest.”
One of those men on fire for the faith is Brian Daley, a member of the St. John’s team, Ferrari said. He recalled an incident at practice one day when a newer seminarian began to indulge in “light mockery” of the other teams they would be playing in the tournament.
Ferrari said that Daley reminded his teammate: “No, these men that we’ll be competing against are all giving their lives for Christ and they’re great examples for us.”
Ferrari called it a moment of “deep fraternity” for the team, who were all inspired by the wisdom Daley shared.
The deacon also said that as a team that fire is seen at every practice through prayer.
At every practice, each player is handed a sheet of prayer intentions to offer up their labor on the court so that all of their work is “done with an eye that sacrifice is fruitful.”
Seeing all of the hard work the teams put in for one weekend showed Nee that they care a lot about winning, “but they never lose track of the bigger picture.”
St. John’s Seminary basketball coach Patrick Nee guides his players during the 2022 tournament. Credit: St. John’s Seminary/YouTube May 18, 2023
He said that being a part of the team has strengthened his faith and added that the whole experience inspired him to tell Schirripa that “we need to share this with people.”
“I wish other people could see this. I mean, if you know anyone who is negative about the future of the Church, it’s like, well, walk into this gym for five minutes and you’ll change your mind immediately,” he said.
Nee’s vision for sharing the experience with others became a reality five months ago when St. John’s Seminary released “Souls in the Game,” a documentary that “highlights priestly formation beyond the study of philosophy and theology.”
The 28-minute documentary follows the team’s journey from the early morning practices to the recruiting and training of the seminarians to the final tournament.
“There is no pressure at all. Go out and play. We have brought life to St. John’s Seminary. God has used this team and let’s go out there and show everyone that we love each other, we love our vocations, and we’re going to represent St. John’s,” Schirripa says to his team during a pregame speech in the documentary.
Viewers might be surprised by how competitive the games are, especially in the scene where 6-foot-4 Schirripa is shown slamming it down during the tournament, which resulted in a technical foul for the team.
Despite the penalty, the team was roaring with excitement at Schirripa’s slam dunk, a feat that not many players ever get to experience on a 10-foot hoop.
“We were ready to storm the court,” Ferrari said in excitement in the documentary.
That documentary can be seen below.
Physical exercise such as can be had playing on a basketball team is something that every seminary should “absolutely” have, Schirripa said.
“I think it’s absolutely essential because you need a physical outlet and you need to obviously have a healthy body, mind, and soul. But it also teaches you to work towards something that’s bigger than yourself, which ultimately is the apostolate,” he said.
“And so it’s such a great venue for formation,” he said.
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4 Comments
Several constitutional scholars disagree with illegal alien/anchor baby advocate Stacy Brustin.
There are other arguments as well. It is not a slam dunk “can’t be done.”
nationalreview.com/corner/why-trump-can-end-birthright-citizenship-by-executive-order/
Several constitutional scholars disagree with illegal alien/anchor baby advocate Stacy Brustin.
Levin and Horowitz: Yes, Trump can end birthright citizenship for children of illegal immigrants with an executive order
Stacy Brustin apparently is ignorant of the intention of the lawmakers, who intended for that part of the 14th Amendment to apply only to ex-slaves.
There are other arguments as well. It is not a slam dunk “can’t be done.”
nationalreview.com/corner/why-trump-can-end-birthright-citizenship-by-executive-order/
This is a better legal analysis than the authors:
nationalreview.com/2018/11/birthright-citizenship-14th-amendment-does-not-mandate/