Woman
speaker
325 appearances
1 recordings
1 series
first heard Apr 2026
last heard 1 Apr
Woman’s voice in public audio — every appearance, attributed to the second.
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Appearances
General, can I ask you a question?
To follow up on what Justice Gorsuch was exploring with you with respect to domicile,
Did I understand you to say that domicile is going to be eventually or is controlled by Congress who is domiciled?
I'm struggling to figure out who is domiciled in your argument.
But if that's so, then doesn't it make the domicile for the purpose of the 14th Amendment turn then ultimately on Congress's will in a way that the framers did not intend?
I mean, my understanding was the framers put this citizenship clause into the Constitution to prevent future Congresses from being able to affect citizenship in this way.
But I thought you just said Congress can...
can make determinations as to who counts as being domiciled here.
So if that's true, then it ultimately would impact, in your theory, whether or not this person can claim that they have citizenship for 14th Amendment purposes based on Congress's determination.
And I just thought that's what the 14th Amendment was trying to get away from.
Good morning, General.
So I guess I am looking at your position in this case, and it boils down to
requiring us to do at least these two things.
One is believe that the framers were not importing the common law rule and understanding of birthright citizenship.
And the second is to believe that what they were doing was departing from that common law rule in the way that you suggest.
That is, they were seeking to have this turn on domicile.
I think you have a number of hurdles to accomplish those two things.
One of which, I think, is that when we look at this court's case law, and no one I think has mentioned Schooner's Exchange, but it appears that that was an 1812 case in which it seems as though the court had already accepted at the time of the ratification of the 14th Amendment
that the allegiance that you were talking about was the English common law rule.
That, in other words, allegiance meant that you are covered by the laws of the jurisdiction, that you can rely on that jurisdiction's protection.
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