Episode 5263/5264: Historial Morning SCOTUS Hearing Arguments On Birthright Citizenship; Trump Live In The Courtroom
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What historical context surrounds the 14th Amendment and birthright citizenship?
And so after the Civil War, the 14th Amendment was enacted principally to undo Dred Scott, meaning that enslaved people, their children are citizens and will forevermore be citizens. In fact, what the 14th Amendment says is that anyone born in this country are naturalized, right, and subject to the jurisdiction thereof are U.S.
citizens. And so the debate now is, what does that phrase mean, subject to the jurisdiction of? There's an 1898 Supreme Court case, Wong Kim Ark, that seems to answer the question. The president and his team took another swing at it.
And so to answer your question, why is this before the Supreme Court? It's because the president issued an executive order on his first day in his second term trying to undo what we think is the common understanding of the 14th Amendment. And that's the problem I have with Donald Trump because he doesn't give a damn about that. He doesn't care about that because he wants to get his way and he wants to appease a very small sect of Americans who don't like their fellow Americans. and they don't like the people who are coming here because they don't look like them they don't sound like them they don't have their hair like them they don't they don't talk like they don't make the movements that they've defined as american so if nothing else the supreme court tomorrow from where i see can settle that piece that this you were born here
You're an American citizen, regardless of your parents' status, regardless of your granddaddy's status, regardless of the color of your skin or where you're from. That, to me, is an important aspect of this. The flip side of that coin is what Donald Trump thinks, and I would love to get your thoughts when you look at those two pieces. Donald Trump thinks that his way to win the argument is to basically crap all over the judges.
Sometime this summer, a majority of the justices come back and say, we agree with Donald Trump. How then are you able to prove you are a citizen in this country? Because if he gets his way with this, a birth certificate won't be enough. And then I juxtapose that with the SAVE Act. They're saying you need a passport and a birth certificate. How are we how are people supposed to prove their citizenship in this country? Being born here does not qualify.
What does 'subject to the jurisdiction thereof' mean in the context of the 14th Amendment?
Right. So if your question is, could it be messy if the Supreme Court goes the other way? Yeah, absolutely. And most recently, Simone, in the tariffs case, without getting into sort of the nuts and bolts of it, The Supreme Court ruled one way, but didn't quite explain how the remedy would work. So is this a proactive remedy, meaning only children subsequently born? That's what the executive order seems to posit. Is it a retroactive order, meaning it would apply to people already? born in this country who we believe are citizens?
I doubt it. That seems completely unworkable.
But in terms of fashioning a remedy, if the Supreme Court rules contrary to our common understanding, you're right. It could be messy.
It's Wednesday, the 1st of April, the year of our Lord, 2026, a historic day. We're going to go live to the Supreme Court. The president of the United States, I think in an unprecedented move, is at the court today. He will listen to the oral arguments. Mike Hale, Mike Davis will join me. Neil McCabe is there also at 624 p.m. Eastern Daylight Time today.
How does Trump's executive order attempt to redefine birthright citizenship?
There's scheduled to be a launch. of a live crew of astronauts on a journey to the moon. And then at 9 p.m. tonight, the president will address the nation about his plans on the war in Iran. So a big news day. Real America's Voice will be here all day covering it all, including special coverage at 9 o'clock tonight. That'll go to 11 o'clock or midnight. as circumstances dictate. Let's go quickly to Neil McCabe at the, Neil McCabe's outside the Supreme Court. Neil, put us in the room. We know the president has gotten to the building a few minutes ago. What's going on? And by the way, we're going to go to live coverage of the hearing, a jerk back and forth between Mike Cal and Mike Davis for assessments.
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Chapters
8 chapters
1
What historical context surrounds the 14th Amendment and birthright citizenship?
0:00–2:22
2
What does 'subject to the jurisdiction thereof' mean in the context of the 14th Amendment?
2:22–3:30
3
How does Trump's executive order attempt to redefine birthright citizenship?
3:30–9:36
4
What implications does the Supreme Court's decision have on proving citizenship?
9:36–11:54
5
How does the concept of domicile relate to citizenship claims?
11:54–17:18
6
What arguments are presented regarding the citizenship of children born to illegal immigrants?
17:18–26:41
7
How do historical cases like Wong Kim Ark influence current citizenship debates?
26:41–34:19
8
What are the potential consequences of changing birthright citizenship laws?
34:19–2:04:08
Speakers
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