The nation's highest court has decided to consider case challenging citizenship by birth.

The top court has will hear a pivotal case that questions a historic constitutional right: automatic citizenship for people born on American soil.

On day one in office this January, the President signed an order aiming to terminate this practice, but the move was struck down by the judiciary after constitutional questions were filed.

The Supreme Court's ultimate ruling will either affirm citizenship rights for the infants of immigrants who are in the US without authorization or on non-immigrant visas, or it will nullify those rights altogether.

Next, the court will set a time to hear the case between the administration and the suing parties, which involve immigrant parents and their young children.

The Legal Foundation

For over a century and a half, the 14th Amendment has codified the principle that all individuals born in the nation is a citizen, with certain exclusions for children born to foreign diplomats and members of foreign military forces.

"Every individual born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States."

The disputed presidential order sought to deny citizenship to the offspring of people who are whether in the US without legal status or are in the country on non-permanent visas.

The United States is one of about 30 countries – largely in the Americas – that grant immediate citizenship to all those born within their borders.