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
Yes, depending on how many you count, Justice Thomas, how you count them.
Sure.
So as I just said, all of the exceptions involve situations where that U.S.-born child is not subject to the jurisdiction of the United States because that extraterritoriality, that fiction of extraterritoriality, the interaction of another sovereign...
between the United States' jurisdiction and that person applies to the child as well as to the parent.
Everyone else born in the United States is subject to the United States' jurisdiction.
To answer Justice Barrett's question to my friend, that's what sets those exceptions apart from other U.S.
born persons.
Well, Mr. Chief Justice, I think we have to look at what the controlling rule of decision is in Wong Kim Ark.
Justice Gray takes pains in the majority opinion to set out his analysis.
He first starts with a premise that in construing the 14th Amendment Citizenship Clause, we look to the English common law.
That was the rule that applied from the colonial era on, at least for the colonists and for European immigrants.
He then says, look, Chief Justice Marshall tells us in the Schooner Exchange what subject to the jurisdiction means.
Again, looking to the English common law.
Under English common law, if you are born in the dominions of the sovereign, you owe natural allegiance.
And those who are present in the dominions of the sovereign owe temporary allegiance for as long as they're present.
The only exceptions, again, at common law were ambassadors, people born on foreign ships, and people who were born during periods of foreign occupation.
He then gets to the government's favorite page, 693, where he says, look, we have had this rule in the United States as to citizenship, at least for white Americans, from before independence.
The purpose of the 14th Amendment was to embrace that universal rule of birthright citizenship
to embrace and incorporate the common law exceptions with the single additional exception of the preexisting exception for tribal Indians that we had in the United States, which is an analogous exception.
And that's the closed set of exceptions.
Showing 101–120 of 325 · page 6 of 17
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