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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recordings per month · last 12 monthsRecordings per month over the last 12 months — 1 in all, peaking in Apr 2026 with 1.
Appearances
That's what allegiance meant.
Now, you're saying today, no, no, allegiance meant something about loyalty or that kind of idea.
But if the Supreme Court had prior to the 14th Amendment established that allegiance meant the common law definition, I think your first hurdle is to help us understand why we would believe that when the 14th Amendment was ratified, the framers weren't just incorporating what we had previously said it meant.
What do we do with, I mean, that's a debate and it's a discussion, very valid, but then we have a subsequent debate between Fessenden and Wade where the same concept comes up and it becomes clear, at least from
Senator Wade's perspective that that's wrong.
So Fezenden, and I'm not sure whether these are senators, I apologize.
Fezenden says, suppose a person is born here of parents from abroad temporarily in this country.
Wade responds, the senator says a person may be born here and not be a citizen.
I know that is so in one instance.
In the case of the children of foreign ministers who reside near the United States,
et cetera, et cetera.
So it appears as though in that exchange, at least Senator Wade believed that the English common law understanding of what it means to have allegiance, to be a temporary person on the soil was what was being adopted.
All right.
Well, let me just ask you about why we wouldn't see in the 14th Amendment anything about parental allegiance.
Several of my colleagues have talked about the fact that your view of this turns on what the status of the parents are and not the child, as would the born in the United States view of it.
Can you help us understand why we wouldn't expect
to see a mention of parents in the text of this amendment.
That assumes domicile is in the test.
And I'm asking you, how do we know that Congress did adopt the test that you say it adopted?
What do we do with Professor Mueller's amicus brief and the historical record and the fact that
Showing 21–40 of 325 · page 2 of 17
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