In his book The Second Founding: How the Civil War and Reconstruction Remade the Constitution, historian Eric Foner contends that “we are still trying to work out the consequences of the abolition of American slavery. In that sense, Reconstruction never ended.” Neither has the backlash against Reconstruction, which has flared up recurrently with greater or lesser degrees of intensity since the 1860s. As the contours of the 2024 presidential election come into focus, it’s likely that one of the main legacies of Reconstruction — the guarantee of birthright citizenship contained in the Fourteenth Amendment — will become a major issue in the campaign.

Last month, Donald Trump vowed that he would scrap birthright citizenship for the children of undocumented immigrants if he wins the election. This week, Florida governor Ron DeSantis joined him in this pledge. According to DeSantis:

Dangling the prize of citizenship to the future offspring of illegal immigrants is a major driver of illegal immigration. It is inconsistent with the original understanding of the Fourteenth Amendment, and we will force the courts and Congress to finally address this failed policy.