Alan Dershowitz

speaker
787 appearances 8 recordings 2 series first heard May 2025 last heard 16 Aug

Alan Dershowitz’s voice in public audio — every appearance, attributed to the second.

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Recordings per month over the last 12 months — 7 in all, peaking in Jul 2026 with 4.

Appearances

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It's the dumbest idea ever conceived of anybody.
No smart person would ever put birthright citizenship in a constitution.
Almost no other country in the world has it.
all the examples that you've given and and and the others have given about people just being born in the country and then leaving of course you're right birthright citizenship is stupid stupid stupid also it was never intended to cover people from china who come here have give birth and then go back and have no allegiance to the united states that's all clear the problem is the wording of the constitution the wording of the constitution is dumb
But it's there.
And so you have a textualist that I could understand a real conservative textualist like, you know, our dear friend Justice Scalia, who was saying, well, you know, I'm not I'm not empowered to change the Constitution.
The Constitution says born in the United States subject to the jurisdiction there.
Yeah, maybe.
So I would hope that, A, the Constitution would be amended to make sense, but unlikely.
But, B, I have more hope, Megan, than you do in Justice Kavanaugh's dictum, because I think it's dictum on both sides.
It's dictum on both sides.
were to bring people who would testify about people from China coming over here and giving birth and then leaving, and that they would then pass a statute saying people like that are not subject to the jurisdiction of the United States.
And therefore, although they qualify if they are subject to the jurisdiction of the United States, that's a legislative matter.
And legislatively, we now rule under Article I of the Constitution that people who have no allegiance to the country other than the accident of birth
are not subject to the jurisdiction of the United States.
So I still have hope that that could be done.
And I have absolute desire to see Congress try to do that.
I'd be happy to testify.
I'd be happy to help them on this.
I think it's really important for Congress to get into the act because executive orders are generally subject to much, much greater scrutiny by the Supreme Court because they're not part of the Constitution than are actions by Congress, which are Article I actions.
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