Birthright Citizenship

Earlier this year, President Trump signed an executive order aimed at ending birthright citizenship. He has placed this issue at the forefront of his immigration agenda and it is now being taken up by the Supreme Court. To have this conversation, we’ve brought together a constitutional law scholar and a political commentator.

Cristina Rodríguez is the Leighton Homer Surbeck Professor of Law at Yale Law School. In 2021, she was appointed by President Biden to co-chair the Commission on the Supreme Court of the United States. Her recent book is called The President and Immigration Law. She’s also the co-host of the new podcast: Unsettled: Immigration in Turbulent Times.

Rod D. Martin writes The Rod Martin Report on Substack. He is also the Founder and CEO of Martin Capital. As a tech entrepreneur and venture capitalist, Rod was previously an advisor to Peter Thiel. Rod also served as policy director to Mike Huckabee, the former Governor of Arkansas.

We talk a lot about the 14th Amendment in this episode. It was ratified in 1868 to give formerly enslaved people the right to vote. Here’s what it says: “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Keep that phrase in mind. “Subject to the jurisdiction thereof.” It’ll come up a lot.

Our guests also discuss the Supreme Court cases Elk v Wilkins, Slaughterhouse, and Wong Kim Ark. All you need to know for this episode is: those rulings influenced the interpretation of the 14th Amendment. Last note, this episode is moderated by co-host and co-founder, Catherine Cushenberry.

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