Birthright Citizenship

Today’s disagreement is about birthright citizenship.

Earlier this year, President Trump signed an executive order aimed at ending birthright citizenship. He has placed this issue at the forefront of his immigration agenda. Now, it’s being taken up by the Supreme Court. Today, May 15, is the start of their oral arguments.

The Questions

• Is birthright citizenship guaranteed in the Constitution?

• Who should be entitled to US citizenship?

The Guests

“Birthright citizenship is clearly embedded in the Constitution.” - Cristina Rodríguez

Cristina Rodríguez is the Leighton Homer Surbeck Professor of Law at Yale Law School. In 2021, she was appointed by President Biden to co-chair the Commission on the Supreme Court of the United States. Her recent book is called The President and Immigration Law. She’s also the co-host of the new podcast Unsettled: Immigration in Turbulent Times.

“No one is entitled to be a US citizen.” - Rod Martin

Rod D. Martin

writes

The Rod Martin Report

on Substack. He is also the Founder and CEO of Martin Capital. As a tech entrepreneur and venture capitalist, Rod was previously an advisor to Peter Thiel. Rod also served as policy director to Mike Huckabee, the former Governor of Arkansas.

Notes

We talk a lot about the 14th Amendment in this episode. It was ratified in 1868 to give formerly enslaved people the right to vote. Here’s what it says: “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Keep that phrase in mind. “Subject to the jurisdiction thereof.” It’ll come up a lot.

Our guests also discuss the Supreme Court cases Elk v Wilkins (1884), Slaughterhouse (1873), and Wong Kim Ark (1898). All of those rulings influenced the interpretation of the 14th Amendment.

Last note, this episode is moderated by co-host and co-founder, Catherine Cushenberry.

In This Episode

• 02:47 - Legal Foundations of Birthright Citizenship

• 04:20 - Debating the 14th Amendment

• 10:01 - Temporary vs. Permanent Residency

• 12:16 - “Gaming the System”

• 21:56 - Policy Implications + Immigration

• 32:06 - The Costs and Consequences of Changing Birthright Citizenship

• 35:59 - Historical Context and International Comparisons

• 38:33 - Moral and Policy Arguments on Immigration

• 57:38 - Steelman

Further Reading + Listening

• Reading: “Should the US change its birthright citizenship policy? Viewpoints from multiple sides.” By

  Eric Thompson
  on
  Framechange
  Substack.

• Listening: “The real story of birthright citizenship” from WBUR’s On Point featuring

  Heather Cox Richardson
  .

• Listening: The Un-American Project podcast episode of Amicus Brief with

  Dahlia Lithwick
  , featuring expert Amanda Frost, University of Virginia.

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