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 · last 12 monthsRecordings per month over the last 12 months — 7 in all, peaking in Jul 2026 with 4.
Appearances
So
I think this is maybe the right textual decision, but the wrong common sense decision.
And I think Congress can overrule it in effect.
Number two, that what the Supreme Court said about legislation is pure dictum because we don't have such legislation.
Let's assume Congress passes the following law saying, all right, we don't think they're subject to the jurisdiction if they're just born here.
But if they are, start paying taxes, register for the Army,
do all the things that citizens have to do.
And if you don't do those, then we will
make you not subject.
We will say, we will declare that you're not subject.
Look, the reality is they're not subject to the jurisdiction of the United States.
If a tourist comes to the United States and commits a crime here, of course, he's subject to the jurisdiction for that purpose.
But you can't draft him, you can't make him pay taxes, and you can't make him, you can't convict him of treason, which is something only a citizen can be convicted of.
So, you know,
We can test this in a lot of ways.
Congress hasn't yet done its job.
And so I think the dictum, you're right, there was dictum.
The Supreme Court says you can't tamper with this.
It's just dictum.
And that's why Congress should fly in the face of the dictum, say, no, they are not subject to the jurisdiction.
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