John Sauer
👤 SpeakerAppearances Over Time
Podcast Appearances
The text of the clause, we believe there it says, you know, born in the United States, born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and the states of which they reside.
So there's a constitutional guarantee that applies to both.
federal or national, and state citizenship.
And the key point we make there is that that word reside, if you look at, for example, section 1473 of Justice Story's commentaries, was understood to mean domicile.
So when they say subject to the jurisdiction, and then they go on to say you're a citizen of the United States and the state in which they reside, the very text of the clause itself presupposes that the citizen is domiciled in the United States.
If they're present in a state at all, they reside there.
Reside means domicile in the Constitution.
And we think that strongly supports our interpretation.
It's textual evidence of our domicile-based theory of jurisdiction.
Roger, roll takeoff.
We're in a new world now, as Justice Alito pointed out, to where 8 billion people are one plane ride away from having a child who's a U.S.
citizen.
Well, it's a new world.
It's the same Constitution.
The people who oppose the amendment.
kept saying, we can't pass it because we're making citizens of gypsies who have no allegiance to anybody, and we're going to make citizens of Chinese people who can't be citizens because we're not going to permit them to be citizens.
Solicitor General John Sauer argues that Cook isn't fit to serve.
But those allegations are unproven, and the justices seem to acknowledge that firing Cook could upend the Fed's independence.
Justice Brent Kavanaugh expressed skepticism of there being no judicial review of the actions of the president.
Fed Governor Cook released a statement saying that as long as she serves at the Federal Reserve, she will uphold the principle of political independence.