The Citizenship Clause, ratified in 1868 after the Civil War, was included to ensure that formerly enslaved people would be citizens. It effectively overturned the notorious Dred Scott decision, in which the Supreme Court held that Black people, no matter their status, were not citizens.

The Supreme Court will hear arguments Thursday about President Donald Trump’s plan to end birthright citizenship and significantly limit the power of federal courts to slow his agenda – a case that has been rushed onto the high court’s docket less than four months after he returned to the White House.