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OPINION / Redefining Rights: A Fundamental Threat to America's Soul
By Gerardo Serrano/Constitutional advocate
America's greatness lies not in what might come, as President-Elect Donald Trump often suggests, but in what we already have: a system of unalienable rights, granted by our Creator, and protected by the Constitution. These principles have made us a beacon of liberty, not just for ourselves but for the world. Yet, these very foundations are under attack, and the consequences could be catastrophic.
In a recent interview with NBC News, President-Elect Trump reiterated his intention to end birthright citizenship in the United States. He suggested he might pursue this change through executive action or by seeking a constitutional amendment. Trump's claim that the United States is the only nation offering birthright citizenship is factually incorrect—nations like Canada and Brazil uphold the same principle. However, the danger lies not in his misstatement but in the precedent he sets: turning unalienable rights into conditional privileges, granted or revoked at the whim of government.
The 14th Amendment guarantees that anyone born on U.S. soil is a citizen. This isn't merely a legal technicality; it is a profound moral commitment to equality and justice. This principle ensures that every person born in America is entitled to full constitutional protections, regardless of their parents' circumstances. If we allow the government to redefine citizenship today, what is to stop them from redefining other rights tomorrow—free speech, the right to bear arms, or due process itself?
This isn't about immigration or border security. It's about the heart of what makes us American: the principle that rights are inherent, universal, and above government interference. By tampering with birthright citizenship, Trump risks unraveling this delicate but essential balance.
If Trump, a self-proclaimed defender of liberty, can redefine rights, imagine what happens when progressives return to power. The left has already signaled its willingness to use government authority to push climate change agendas, redefine gender norms, and expand regulations on nearly every aspect of life. If Trump can unilaterally strip citizenship rights, what stops future administrations from dictating what cars you can drive, what food you can eat, or what energy sources you can use—all in the name of climate change or social justice?
This isn't hypothetical. Progressives have openly discussed banning gas-powered cars, restricting beef consumption, and implementing universal mandates under the guise of combating climate change. Their intentions may be noble in theory, but the execution often sacrifices personal freedom for collective goals. The same power that allows Trump to redefine citizenship can just as easily be used to force compliance with progressive ideals. When government becomes the arbiter of rights, the American people lose their autonomy.
I have personal experience with the dangers of allowing the government to arbitrarily determine who deserves rights. My case,Serrano v. U.S. Customs & Border Protection, arose after my vehicle was seized by law enforcement at the border without due process. Officers decided, based on nothing more than their own subjective judgment, that I wasn't entitled to my property because they suspected I was a "bad person." They had no evidence, no charges—just their opinion. My vehicle was seized for months while I fought to have my day in court.
This experience led me to challenge the government's actions all the way to the Supreme Court. My case highlighted the broader danger: when government power becomes arbitrary, rights become conditional. You can read more about my case here:
https://www.supremecourt.gov/docket/docketfiles/html/public/20-768.html
President-Elect Trump's proposal to end birthright citizenship mirrors this same arbitrariness. It suggests that citizenship—and the rights that come with it—isn't inherent to all Americans born here but contingent upon the government's interpretation of who deserves it. This violates the very foundation of our Republic.
The erosion of rights through subjective decision-making is not a new threat. We see similar patterns in policies like "Red Flag" laws, which allow law enforcement to confiscate firearms from individuals deemed dangerous without clear standards or due process. These laws rely on subjective interpretations of who constitutes a threat, often influenced by biases and political motivations. Trump's proposal takes this subjectivity to a new level by challenging the universality of birthright citizenship.
Trump is not the first leader to propose a dramatic reimagining of America's core principles. Former President Barack Obama once declared his intention to "fundamentally transform America." While Obama's rhetoric stemmed from a progressive vision, Trump's proposal represents a similar departure from our founding ideals, albeit from a different ideological perspective. Both assume that what makes America great is transformation, rather than the enduring truths we hold. But what has made us exceptional is not the promise of change, but the steadfast commitment to liberty, equality, and justice.
In his interview with NBC, Trump painted his proposal as a necessary reform, ignoring the broader implications. His remarks can be read here:
https://www.politico.com/news/2024/12/08/trump-end-birthright-citizenship-00193184 and here:
https://nypost.com/2024/12/08/us-news/trump-teases-plan-to-deport-americans-along-with-illegal-migrant-kin/
By redefining who qualifies for citizenship, Trump risks dismantling the very framework of unalienable rights. If we allow this to happen, the America we know—a nation rooted in liberty and justice—will cease to exist.
What makes America great is not a promise of what might come, but the enduring truths we already possess. The Bill of Rights is a testament to the idea that government exists to protect our freedoms, not to define or limit them. Yet Trump's proposal and similar policies show how quickly subjective interpretations can erode these freedoms. Once rights are redefined by political whims, they cease to be rights at all.
We must stand firm against this dangerous precedent. Our Republic belongs to us, the people—not to any political leader or institution. It is our duty to preserve it for ourselves and for future generations.
America's greatness lies in its timeless truths. Let us defend them, ensuring that our nation remains a beacon of hope, liberty, and justice for all.
About Gerardo Serrano
Gerardo Serrano is a constitutional advocate and defender of the Bill of Rights. He has taken his fight against government overreach to the Supreme Court and continues to stand for justice, liberty, and the timeless principles that make America great.
