On Tuesday’s Mark Levin Show, Chief Justice Roberts improperly relied on English common law as a basis for birthright citizenship, despite the framers using it only as a guide and rejecting elements that conflicted with the U.S. system. The 14th Amendment and the preceding Civil Rights Act of 1866 were narrowly intended to grant full citizenship rights to freed Black slaves and their children amid post-Civil War resistance—not to address immigration or confer citizenship on children of illegal aliens. The opinion wrongly equates "jurisdiction" with mere physical presence, leading to illogical results like automatic citizenship for babies of illegal immigrants (who retain foreign allegiance) while creating unaddressed exceptions for diplomats, revealing a result-oriented, activist approach that rewrites history. Roberts and his Majority twisted the history of the 14th amendment and just constitutionalized birthright citizenship, knowing full well that our nation, like Europe, is facing a grave threat from within as a result, in part, of the intentional refusal of our government, when the Democrats are in power, to enforce immigration laws and, oppositely, facilitating the importation of aliens from all over the world without proper vetting. Also, the constitutional amendment process is rarely used. It requires two-thirds approval in both houses of Congress to propose language, followed by ratification by three-fourths (38) of the states—neither of which is feasible for issues like changing birthright citizenship. The Supreme Court has constitutionalized elements not originally in the Constitution, making reversal through amendments impractical. Instead, the effective path is filling Court vacancies with constitutionalists, as achieved in overturning Roe, without resorting to court packing. Later, Hans von Spakovsky calls in and explains that Roberts' opinion was appalling and a complete rewrite of American history, particularly regarding the 14th Amendment. He notes that Justices Alito and Thomas eviscerated it in separate dissents, highlighting that Roberts' historical account was inaccurate. He criticized Roberts' selective and distorting use of sources like Thomas Paine and Frederick Douglass, pointing out Thomas's observation that Douglass viewed Black Americans as citizens due to their equal allegiance to the U.S., unlike illegal aliens who owe allegiance to their native countries. Finally, Thomas Jefferson and James Madison favored limited central government, while Alexander Hamilton preferred a powerful, activist federal government with implied powers. Modern nationalist populists share this Hamilton big-government outlook with the left, which lacks clear constitutional principles and risks abuse, in contrast to true constitutional conservatism. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Ask this episode

“What did the council decide on item 42?” — answered with the speaker and the moment.