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May 16, 2025 • 48 mins

What’s an American? In Part Four, we continue our journey by telling the story behind the Supreme Court case that set the stage for the illegal immigration crisis. Many believe just being born on U.S. soil is enough to become an American citizen. But that narrative has been one of the biggest scams in American history.

Presented by: The Licorice Guy

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Episode Transcript

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Speaker 1 (00:03):
This is Red Pilled America.

Speaker 2 (00:07):
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(00:29):
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(01:03):
Previously on Red Pilled America, the settlers could not turn back.
They had burned the boats behind them. Like other persecuted
religious groups, the people of America were primarily concerned with
their future survival.

Speaker 2 (01:16):
Before the seventeen seventy six Declaration of Independence, the settlers
of the American colonies were not citizens. They were subjects
of the British crown. But the American Revolution would flip
the table on this concept.

Speaker 1 (01:29):
Congress wanted to give birthright citizenship to people that had
a true and full allegiance to the United States, not
just anyone born here by chance.

Speaker 2 (01:38):
The Civil Rights Act of eighteen sixty six was constitutionalized.
Citizenship was rooted in allegiance and jurisdiction, not merely birthplace.

Speaker 1 (01:50):
I'm Patrick CARELCI.

Speaker 2 (01:51):
And I'm Adriana Cortes.

Speaker 1 (01:53):
And this is Red Pilled America, a storytelling show.

Speaker 2 (01:57):
This is not another talk show covering the day's news.
We're all about telling stories.

Speaker 1 (02:03):
Stories. Hollywood doesn't want you to hear stories.

Speaker 2 (02:06):
The media mocks stories about everyday Americans at the Globalist Ignore.

Speaker 1 (02:12):
You can think of Red Pilled America as audio documentaries,
and we promise only one thing, the truth. Welcome to
Red Pilled America. It was August eighteen ninety five when

(02:36):
the ss Coptic floated into the seaport of San Francisco,
carrying a passenger that would change the fabric of America.
His name was Wang kim Ark and he had just
spent nine months visiting his family's ancestral village in China,
where his wife's son and parents were living. The SS
Coptic docked and Wang attempted to exit the ship. He

(02:57):
handed the customs agent paperwork that claimed he was an
American citizen, but after receiving the document, the agent refused
to let him enter the United States, claiming Wang was
a subject of the Emperor of China, not an American citizen.
Wang was taken into custody and held aboard a detention
vessel in San Francisco Bay along with other Chinese passengers,

(03:19):
and from that floating jail, Wog embarked on a legal
battle that would eventually distort the definition of American citizenship.
We're at part four of our series of episodes entitled
What's an American. We're looking for the answer to that
question by taking a deep dive into the meaning of
American citizenship.

Speaker 2 (03:38):
So to pick up where we left off, in the
wake of the Civil War, Congress passed the Civil Rights
Act of eighteen sixty six to give American citizenship to
freed slaves. The Act declared all.

Speaker 3 (03:51):
Persons born in the United States and not subject to
any foreign power, excluding Indians not taxed, are hereby declared
to be citizens.

Speaker 2 (04:00):
The phrase not subject to any foreign power was understood
to mean owing full and exclusive allegiance to the United States.
Two years later, Congress constitutionalized this Act with the Fourteenth Amendment.
In it, the language of the citizenship clause was slightly changed, declaring.

Speaker 3 (04:18):
All persons born or naturalized in the United States and
subject to the jurisdiction thereof are citizens.

Speaker 2 (04:26):
The change in language from the Civil Rights Act was
not a shift in meaning. They simply wanted to add
in the Indian exclusion. To Congress, the citizenship clause of
the Fourteenth Amendment meant the same thing as the clause
in the Civil Rights Act, and we know this for
several reasons. First, Senator Reverdy Johnson of Maryland, who was

(04:48):
involved in drafting the fourteenth Amendment, affirmed this when he stated, all.

Speaker 1 (04:52):
That this Amendment provides is that all persons born in
the United States and not subject to some foreign power,
shall be considered as citizens of the United States.

Speaker 2 (05:01):
But, perhaps more importantly, two years after the ratification of
the Fourteenth Amendment, Congress re enacted the Civil Rights Act
of eighteen sixty six verbatim. The two clauses coexisted. There
was no conflict between the Act and the Amendment. They
meant the same thing. There was no question what Congress meant.

(05:21):
They wanted to give birthright citizenship to people that had
a true and full allegiance to the United States, not
just anyone born here by chance while their foreign parents
were temporarily in the country, and they certainly were not
intending to give citizenship to the children of people that
entered the country illegally. For the first time in American history,

(05:49):
the United States had a constitutional definition of birthright citizenship,
and it happened in just the nick of time because
a new phenomenon arose. By the time the Fourteenth Amendment
was ratified, Yerorca was beginning to take on a significant
inflow of non European immigrants, something the country had never
faced before, and there was a reason for that.

Speaker 1 (06:13):
At the time of America's founding, travel to the United
States was overwhelmingly one way. It was expensive, dangerous, and
very slow. Travel was not yet routine for most individuals,
especially not for round trip commerce or tourism, and Given
that the American colonies were solely on the East coast,
travel was almost exclusively transatlantic from Europe. However, an innovation

(06:37):
changed all that. In eighteen thirty eight, the SS Great
Western completed the first successful steam powered transatlantic crossing. By
the eighteen forties, steamboat lines were offering scheduled transatlantic service
from London, Liverpool, and Hamburg to New York and Boston.
Travel time reduced dramatically. Instead of forty two to eighty

(06:58):
four days by sale, it was now taking fourteen to
eighteen days by steamboat. Round trip travel from the Old
World to the New was on the verge of becoming
frequent and reliable, but because America was effectively a one
coast country, round trip travel was still primarily a transatlantic phenomenon.
But by the late eighteen forties a movement had taken

(07:21):
hold of America that would eventually make America a two
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(08:46):
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Speaker 2 (08:53):
Welcome back to red pilled America. From the early eighteen hundreds,
Americans showed an interest in westward expansion. In eighteen o four,
President Thomas Jefferson sent Lewis and Clark on an expedition
to explore the west all the way to the Pacific Ocean.
Interest grew. Some were looking to open the West coast

(09:16):
to trade with China and Japan. Some wanted to tap
into the area's farming and mining land. Many American leaders
believed westward expansion would help fortify the nation's national security. Still,
others began to believe that America was destined by God
to spread American values across the entire northern continent. No

(09:37):
matter the individual reasons, all expansion is believed it was
both justified and inevitable for the United States to spread
from the East coast and acquire the lands along the
western side of the continent and everything in between. But
America's journey westward started off slow. After Lewis and Clark.
In the eighteen twenties, frontiers men like Jediah Smith began

(10:00):
exploring what today is modern Californi, which was at the
time part of a lightly governed Mexican province called Alta California,
a massive territory that spanned through all present day California,
western Nevada, and parts of Arizona, Utah, Wyoming, and even
southern Oregon. The area was broad but thinly populated, with

(10:22):
villages concentrated along the Pacific coast in the locations today
known as Monterey, San Jose, Los Angeles, San Diego, and
the like. American ships from New England began arriving on
the Pacific coast around the eighteen twenties, as well, trading
mainly for hides, tallow and otter Pelts. These traders began
advocating for American control of Puget Sound in present day Washington,

(10:46):
as well as the San Francisco Bay. By the eighteen thirties,
the Oregon Trail opened up, a roughly twenty two hundred
mile east west stagecoach path that connected the Missouri River
to valleys in Oregon territory, land occupied by both the
US and England. American settlers and entrepreneurs started trickling into

(11:17):
the Mexican territory of the Pacific Coast between the fertile
areas of San Diego and San Francisco, often marrying into
what was then called Californio Families, a Spanish speaking community
that had been in the area for one hundred and
fifty years. In fact, Mexico even began cautiously granting limited
land and residency to foreign settlers. Some Americans received land

(11:41):
grants from Mexican governors in exchange for loyalty pledges. But
trouble was brewing in this Mexican territory. Mexico proper was
undergoing serious instability, civil wars, coups, and leadership changes were
happening frequently. Governors of Alta, California were being appointed from

(12:02):
far off Mexico City to people with little knowledge of
or connection to the area. The California elites began feeling neglected,
over taxed, and underrepresented. They wanted more self rule. Alta
California was becoming more and more self reliant, especially in

(12:23):
the northern part of the Mexican territory. Just as the
area was becoming unstable, a growing number of American and
English settlers were pouring into Alta, California, bringing American ideals
and arms. They began to think that a revolt might
eventually lead to US annexation of the area. So in

(12:43):
October eighteen thirty six, a small group including American settlers
helped a young, educated Californio named Juan Baptista Alvarado arrest
the Mexican appointed governor. Alvarado was proclaimed governor of Alta California,
and the group declared the area of free and sovereign state.
Though not fully independent, by eighteen thirty seven, Alvarado secured

(13:08):
control of most of the vast Alta California area. The
following year, the central Mexican government officially recognized Alvarado as governor,
a clear indication that Mexico was losing its grip on
the land. Alvarado and his American settler supporters orchestrated a
bloodless coup, and the revolt foreshadowed the ease with which

(13:30):
an organized force could topple Mexican authority at the northern
frontiers of their nation. And Mexico wasn't just losing its
hold on Alta California.

Speaker 1 (13:52):
After Mexico gained independence from Spain in eighteen twenty one,
the new country feared its northern province of Tejas was vulnerable.
Banned part of modern day Texas. Comanche Indian raids were
frequent in the area, so, like in Allta California, the
Central Mexican government invited American settlers into the Tejas province

(14:14):
to defend the region. Thousands migrated in, but it was
poor foresight by the Mexican government. Most American settlers did
not assimilate. They resisted Mexican laws, refused to convert to Catholicism,
and maintained loyalty to the US. By the early eighteen thirties,
Anglo Americans outnumbered Mexicans in Tejas by ten to one.

(14:36):
Mexico became concerned and banned further US immigration. Mexican General
Antonio Lopez de Santana made himself dictator of the area,
abolishing the federal system that was in place and centralizing
power in Mexico City. The American settlers and the Mexican
born residents in Tejas known as Tejanos, saw this as tyranny.

(15:00):
In October eighteen thirty five, when Mecas Sxicon troops tried
seizing a cannon near the town of Gonzales, the people
of Tejas resisted. Like in Alta, California, they no doubt
felt the weakening hold of the Mexican central government. A
skirmish broke out, with local residents raising a flag with
a cannon symbol and the words come and Take It

(15:23):
emblazoned on it. A revolution was under way. Two months later,
the people of Tejas captured San Antonio, and on March second,
eighteen thirty six, they issued the Texas Declaration of Independence.
It listed grievances against Santa Anna and declared Texas a
sovereign republic. Four days later, Santa Anna's army besieged and

(15:44):
destroyed the Alamo Military Fort in San Antonio. All the
Texan defenders were killed, including former US congressmen and revered
Tennessee militiaman Davy Crockett. The deaths inspired a rallying call
remember the Alamo, and within six weeks Texans captured General
Santa Anna and forced him to sign a treaty recognizing

(16:05):
Texas independence in exchange for his life. The Republic of
Texas was born, and it attracted even more U S settlers.
Settlers like John C. Reid, a colonel in the Tennessee
State Militia, likely inspired by the killing of fellow Tennessee
militiaman Davy Crockett. John Reid migrated to the new Texas

(16:27):
Republic to become a merchant with the military background to
protect the new country when needed. It was a dangerous
time in Texas. Although now an independent nation, Mexico refused
to recognize its independence, and Indian attacks were frequent and
often deadly. John set up a store in the frontier
fort of Bryant's Station, constructed to protect American settlers from

(16:50):
Comanche Indian raids. For nearly a decade, Texas operated as
an independent nation, but Mexico still claimed the land. Fearing
a future attack, the people of Texas sought annexation by
the United States, and a U S presidential candidate would

(17:10):
arrive that promised just that. In eighteen forty four, James K.
Polk ran for the White House on a platform of expansionism.
He channeled the sentiment of a growing number of the
American people, the belief that the US was destined to
span from the Atlantic to the Pacific Ocean. During his run,
he fully endorsed the immediate annexation of Texas and the

(17:34):
acquisition of the Oregon Territory, a vast area that spanned
present day Oregon, Washington, Idaho and parts of Montana, Wyoming,
and British Columbia, an area that the US jointly occupied
with Great Britain. Polk also privately supported acquiring Alta, California,
and the Mexican territory of Nuevo Mexico, which encompassed the

(17:57):
entire state of modern day New Mexico, eastern Arizona, southern Colorado,
southwestern Kansas, western Texas, and southern Utah. By Polk's presidential run,
the American expansionist movement had swept through the nation. It
came to be known as manifest destiny, the idea that
the United States was divinely destined to expand westward across

(18:19):
the North American continent. It was almost a national ideology,
and Polk rode the wave of this movement all the
way into the White House. In the wake of Polk's victory,
on March first, eighteen forty five, the US Congress passed
a joint resolution offering to annex Texas. About four months later,
the Congress of the Republic of Texas accepted the offer. Then,

(18:42):
in mid October of the same year, Texas voters approved
the annexation. The stage was set for a major conflict
with Mexico that would forever change the footprint of America
because you see, there was an unresolved problem. Aside from
not recognizing texas independence, Mexico also disputed its boundary. Republic
of Texas leaders claimed its southern border was the Rio Grande.

(19:05):
Mexico insisted it was the Nuss River that was farther north. So,
with America on the verge of officially annexing Texas, President
Polk sent a Louisiana lawyer and diplomat named John Slidell
to Mexico City the goal negotiate the U s purchase
of Alta, California and the Nuevo Mexico areas, as well
as settled a border dispute. The diplomat was authorized to

(19:29):
offer up to thirty million dollars for the territories, but
when Slidell arrived in Mexico City in December eighteen forty five,
the Mexican government refused to receive him. President Polk was
prepared for the snub. On December twenty ninth, eighteen forty five,
the United States officially annexed Texas. It became America's twenty

(19:51):
eighth state. Mexico considered it an act of war, but
Polk's plan was already in motion. He sent General Zachary
Taylor to occupy the disputed region between the new Essa
River and the Rio Grande. It was a calculated provocation
designed to pressure Mexico into negotiating or reacting. The next month,

(20:12):
Mexico chose the latter. On April twenty fifth, eighteen forty six,
a Mexican cavalry ambushed a US patrol, killing or capturing
several men. On news of the attack, President Polk declared,
American blood has been shed on American soil. The Mexican
American War was under way. Texans rushed to the aid

(20:37):
of General Zachary Taylor. Texans, like militiaman John C. Reid,
he enlisted in a Texas volunteer unit that joined General
Zachary Taylor on the Rio Grande, and the consolidated troops
embarked on a rare mission. It looked to capture the
strategic city of Monterey, an urban area deep in Mexican

(20:57):
territory that acted as a defensive buffer protecting Mexico City,
the country's capital. The city of Monterey was heavily fortified,
but General Zachary Taylor's troops had a secret weapon, Texas
volunteers like John c. Reid. The volunteers had a technique
for fighting in a city like Monterey. They taught General
Taylor's forces how to move from house to house to

(21:21):
clear out soldiers hiding on rooftops and inside the thick,
adobe walled houses of the area. On September twenty third,
eighteen forty six, the troops employed this new urban warfare,
going from street to street, house to house, clearing out
the area, driving the Mexican forces to a plaza in
the city. It wasn't long until the Mexican forces agreed

(21:43):
to a deal they would make an orderly evacuation and
surrender the city. General Zachary Taylor took the strategic city
of Monterey with help from trained militia volunteers like John c. Reid.
He was my third great grandfather.

Speaker 2 (21:59):
While Mexico was losing its grip in the Texas area,
American settlers in Alta, California were making their move. By
eighteen forty six, American settlers outnumbered Mexican troops in northern California.
The Mexican military presence was thin, barely a few hundred
soldiers in the entire Alta, California province, while an estimated

(22:20):
five hundred to eight hundred settlers lived along the Pacific coast,
concentrated in the Sacramento Valley and around Sonoma. They were
armed and sympathetic to US annexation. The stage was set
for a revolt, fearing that Mexico was getting prepared to
ally with Great Britain and expel them from their land.

(22:43):
On June fourteenth, eighteen forty six, a few dozen American
settlers in northern California arrested Mexican General Mariano Guadalupe Viejo
and took control of a Mexican garrison in Sonoma. Like
in Texas, they declared an independent California Republic, raising a
homemade flag featuring a crewe drawing of a bear and

(23:04):
a star. It became known as the Bear Flag Revolt.
That the California Republic was short lived. Three weeks later,
US naval forces arrived, capturing an important Pacific Coast port
town just south of Sonoma. On arrival, they claimed California

(23:25):
for the United States. On July ninth, eighteen forty six,
U s forces reached Sonoma. The Bear flaggers quickly folded
into the arriving US military forces. They lowered the bear
flag and raised the American but the bear and the
Star would eventually become the official flag of California State.
By early eighteen forty seven, the United States took full

(23:49):
military control of Alta, California, and by September of that
same year, US forces captured Mexico City, leading to the
collapse of the organized Mexican resistance. On February two, eighteen
forty eight, representatives from the US and Mexico signed a
treaty in Guadalupe Hidalgo, officially ending the Mexican American War.

(24:12):
The terms of the treaty, Mexico recognized the annexation of
Texas with the Rio Grande as its southern border. Mexico
ceded Alta, California and Nuevo Mexico to the US, with
the US agreeing to pay half of their original offer
while assuming a little over three million dollars in debt.
With its victory, the United States acquired the land that

(24:34):
its present day California, Nevada, Utah, most of Arizona and
New Mexico, and parts of Colorado, Wyoming, Kansas, Texas and Oklahoma.
It was an extraordinary victory for America because you see,
around the outbreak of the Mexican American War, the United
States peacefully came to an agreement on the Oregon Territory.

(24:56):
The US gained what is now Oregon, Washington, Idaho, and
parts of Montana and Wyoming, leaving everything north of the
forty ninth parallel to Great Britain. President Polk's expansion plan
was complete. By the end of his term. The United
States stretched from the Atlantic all the way to the
Pacific Ocean. Manifest destiny was realized. America was now a

(25:19):
two coast nation, and the timing was extraordinary because a
carpenter had just made a discovery that would create a
population explosion in California.

Speaker 1 (25:41):
Hey Fanbam, we want to hear from you on this subject.
What's an American? Send us a brief audio answer to
this question. Keep it under a minute, and you may
hear it on the show. You can record it on
your phone or however you want to record it. Send
your audio recording to our email at info at redpilled
America dot com. That's info at Redpilled America dot com
and you can hear yourself on the show like Marquis

(26:03):
Gilmour from Alabama.

Speaker 4 (26:04):
Being an American is reciting the Pledge of Allegiance with
your hand over your heart, not because the United States
is a perfect nation, but because you believe in freedom
and in the opportunities that freedom can provide. Being an
American is acknowledging the cost of that freedom and thanking
God every day that people have and still answer the

(26:25):
call to preserve and protect that freedom. Being an American
is having a lump in your throat and tears in
your eyes when you hear the Star Spangled banner or
America the Beautiful played at a sporting event. Lastly, being
an American is baseball, hot dogs, apple pie, and Chevrolet
Go Braves. Sorry I couldn't resist. Guys, love the show.

(26:49):
Thanks for everything that you do.

Speaker 1 (26:55):
Welcome back to red pilled America. So with victory in
the Mexican American War, the United States became a two
coast nation. The timing was extraordinary because just as the
territory of California was transferred to the US, gold was
discovered by a carpenter in northern California. News of the
discovery spread slowly at first, but exploded nationally by late

(27:18):
eighteen forty eight. The following year, over eighty thousand people
flooded into California. They were nicknamed the forty Niners for
the year they arrived. The gold rush became a global magnet,
attracting people from Mexico, Chile, Peru, Europe, Australia, Hawaii, and China.

(27:40):
The population boom was so massive that it helped California
qualify for statehood in eighteen fifty, just two years after
being seated by Mexico. The rush to find gold spawned
boom towns like San Francisco, which grew from roughly one
thousand people to twenty five thousand almost overnight. California's population
swelled from a mere fourteen thousand when the US acquired

(28:02):
it to over two hundred and fifty thousand just four
years later in eighteen fifty two. The biggest influx of
people from outside the US was coming from China, where
news of gold reached Cantonese ports. There, California became known
as gam San, a mythical land of wealth and opportunity.
Tens of thousands of Chinese men poured into the San

(28:25):
Francisco area. Most were poor, laborers looking for opportunity. As
California grew, employers, especially in San Francisco, wanted cheap labor
for mining, railroad construction, agriculture, and infrastructure. They actively recruited
Chinese workers through labor brokers and family networks. The Chinese
that were successful in America sent money and letters back home,

(28:48):
encouraging friends and relatives to join them. After the American
Civil War, the steamboat that had become reliable and frequent
on the East Coast began making regular routes across the
Pacific Ocean, and by eighteen seventy the Chinese population in
California swelled to roughly sixty three thousand, about nine percent
of the state's population, with much of that concentrated in

(29:10):
San Francisco, and it was no longer just laborers traveling
to the area. Merchants like Wang Sea Ping were flocking
to America to provide the laborers with goods and services.
Wang Sea Ping and his wife arrived in California around

(29:32):
the late eighteen sixties, settling in San Francisco's Chinatown, where
they ran a grocery store, But at the time, China
did not permit its subjects to renounce their allegiance to
the emperor and become naturalized in the United States. In fact,
they signed treaties with the United States that prohibited US
naturalization of Chinese subjects, so Chinese immigrants could not become

(29:53):
US citizens, but they were legally allowed to be residents
in the country with many of the rights afforded to citizens.
By eighteen seventy three, Wang Siping and his wife were
domiciled residents of San Francisco, meaning they legally established a
permanent residence in the area, but there were still subjects
of the Emperor of China. That same year, the couple

(30:15):
brought a son into the world. They named him Wang
kim Arc but their son arrived in America that was
headed towards economic hardship.

Speaker 2 (30:27):
After the American Civil War, massive investments poured into railroads.
Speculative borrowing to finance this westward expansion created a bubble,
and in September eighteen seventy three, a major financer of
railroad projects, J. Cook and Company, failed after being unable
to sell enough bonds for the Northern Pacific Railroad. The

(30:48):
failure triggered a domino effect across the banking and investment sectors.
It came to be known as the Panic of eighteen
seventy three, a severe and prolonged economic depression in the
United States that spread into parts of Europe. In the
u US, it marked the start of what became known
as the Long Depression, a period of economic hardship that

(31:09):
lasted through the eighteen seventies. Unemployment surged, especially in urban
and industrial centers. With the financial stress, Immigrants, especially Chinese
laborers in the West, were blamed for taking jobs and
driving down wages, and it wasn't hard to see why
they'd become a target of frustrations. Chinese immigrants largely isolated

(31:32):
in their own Chinatown communities, not assimilating with the American
experience in dress or traditions. Some of it was chosen
and some was imposed. With the Chinese government prohibiting their
subjects from becoming US citizens, full assimilation wasn't an option.
The situation led some Americans to argue, if even China

(31:53):
says they're still Chinese, how can they ever be American?
The US naturalization laws of the time only allowed whites
and people of African descent to natural life, so American
sentiment towards Chinese immigration soured and politicians were listening. A
series of anti Chinese immigration laws were passed at both

(32:16):
the state and federal level. The California Constitution adopted language
in eighteen seventy nine barring corporations from hiring Chinese. Another
treaty with China allowed the US to limit Chinese labor immigration.
Then Congress took it a step further in eighteen eighty two,
it passed the Chinese Exclusion Act, which banned all Chinese

(32:39):
labor immigration for ten years, explicitly prohibiting Chinese naturalization. Chinese
residents who left the US had to carry special re
entry certificates, but then even those were pulled. In eighteen
eighty eight, Congress passed the Scott Act, which revoked all
existing re entry certificates. The Wang Si Ping family began

(33:01):
feeling the heat being at and not a laborer. The
series of anti Chinese legislation did not directly impact Wang
Si Ping, but America was quickly becoming an inhospitable environment
for his family, so Wangxi Ping decided it was time
to go. In eighteen eighty nine, he left the United
States with his family to return to their ancestral village

(33:22):
in China. His US born son, Wang Kim Mark, accompanied
the family on their return. Wang Ki Mark's family was
effectively repatriating to China because the Scott Act barred their
return as Chinese subjects. While in China, the American born
Wang Kim Mark married a young woman in a Chinese village.

(33:43):
Shortly after their marriage, she became an expectant mother. But
with the Scott Act in place, kim Mark knew he
could not bring his wife or any Chinese born family
members back to the US with him. Kim Ark would
later say that he had always intended his trips to
China to be temporary and made plans to return to
America alone. In Ji Bully, eighteen ninety, he arrived back

(34:05):
in California aboard the steamship SS Gaelic, leaving his family behind.
At the Port of San Francisco, the US Customs agent
reviewed kim Ark's paperwork and allowed him to return to
the United States. The only basis for his admission was
his birthright claim. Kim Ark believed, by merely being born
on American soil, he was a US citizen. The customs

(34:28):
officials accepted his claim and let Juan kim Ark enter
the country for the next few years, kim Mark worked
in San Francisco as a cook, supporting his family in
China from Afar. In eighteen ninety four, he made plans
to visit his family in China, but anticipating trouble on
his return due to the scot Act and building animosity

(34:50):
towards Chinese immigrants, this time, he took special precautions before
leaving the United States. Less than two weeks before his departure,
kim Mark obtained a notarized departure statement t testing to
his identity and US citizenship. This one page, typewritten certificate
bore his photograph and was co signed by three white

(35:11):
acquaintances in San Francisco, who swore that they knew him
to be a US born. The notarized document.

Speaker 5 (35:20):
Read, we the undersigned do hereby certify that the said
Wang kim Ark is well known to US, and that
he was born in the city and County of San Francisco,
State of California, United States of America, and that he
is entitled to return to the United States.

Speaker 2 (35:37):
Kim Ark believed it effectively served as proof of citizenship
for re entry. A US Customs officer officially stamped and
signed the statement on his departure date. Armed with this security,
Wang kim Ark departed San Francisco on November fifteenth, eighteen
ninety four, aboard a steamship bound for China. He reunited

(35:57):
with his wife and saw his son for the first time.
While there, Wang kim Ark and his wife conceived a
second child, but as before, his stay abroad was temporary.
In August eighteen ninety five, he returned to the port
of San Francisco, but in his attempt to exit the ship,

(36:18):
the US customs agent refused to let him enter the
United States. The agent claimed Wang Kimark was a subject
of the Emperor of China, not an American citizen. Kim
Mark was taken into custody and held aboard a detention
vessel in San Francisco Bay, along with other Chinese passengers,
and this is where a model would be created for

(36:41):
future mass immigration advocates.

Speaker 1 (36:45):
A group called the Chinese Consolidated Benevolent Association or CCBA,
decided to use Wang kim Mark's dilemma as a test
case a precursor to future civil rights legal activists like
the ACLU. The CCBA was a powerful network of Chinese
merchant and clan associations in San Francisco that were often
behind the legal defenses of Chinese residents. They funded lawsuits,

(37:09):
provided legal aid, an organized community support for Chinese being
denied entry or citizenship. In Wangkimark, they had a dream scenario.
He was the son of Chinese subjects born on US soil,
who was once allowed re entry by a U. S
Customs agent even after the scot Act that denied re
entry for Chinese immigrants, and when he left the US

(37:37):
in November eighteen ninety four, a U. S Custom agent
signed and stamped his notarized affidavit, effectively recognizing he could
re enter the country. On multiple occasions, the US government
had considered Wangkimark an American citizen. The CCBA reportedly retained
a lawyer to fight for Wangkimark's re entry into the country.

(37:58):
They saw his as a test case to challenge the
exclusion Acts and prohibition of Chinese immigration to America. On
October second, eighteen ninety five, Kimark's attorneys filed a petition
for a writ of habeas corpus in the U. S.
District Court for the Northern District of California on their
client's behalf. The petition argued that Wang Kimark was a

(38:20):
citizen by birth under the Fourteenth Amendment to the U.
S Constitution, and that his detention by the Customs collector
was unlawful. In response, the U S Attorney for the
district formally intervened and filed an opposition statement on behalf
of the government. In that filing, the government acknowledged Wang's
birth in San Francisco, but contended that because Kimark's parents

(38:42):
were Chinese and subjects of the Emperor of China, their
son was not a citizen under U S law. Given
that his parents came to the United States under their
own volition and were always Chinese subjects even when living
in the US, and his wife, children, and entire family
were all subjects of the Chinese Emperor living in China.
The government's position seemed to solid, but in a stunning

(39:11):
turn in January eighteen ninety six, the District court ruled
in Wangkimark's favor, finding that he was indeed a US
citizen by birth. The court explicitly held that Kimmark's American
citizenship under the Fourteenth Amendment entitled him to re enter
the country. The judge ordered he be discharged from custody

(39:31):
and allowed to land in the United States. With Wangkimark
now declared a U. S citizen and freed, immigration officials
had to admit him, but the US government now also
saw this as a test case to definitively settle the
citizenship loophole attempting to be exploited by immigration activists. The
history behind the drafting of the Fourteenth Amendment clearly meant

(39:53):
to give citizenship to people with full and exclusive allegiance
to the United States. The US government felt Wangkimark did
not fit that description, so the Department of Justice appealed
the decision, and in eighteen ninety seven the case was
escalated to the U. S. Supreme Court. It came to
be known as the United States Versus Wang Kimark. The

(40:14):
central question the court was asked to address was.

Speaker 3 (40:17):
Whether a child born in the United States of parents
of Chinese descent, who at the time of his birth
are subjects of the Emperor of China, but have a
permanent domicile and residence in the United States and are
there carrying on business and are not employed in any
diplomatic or official capacity under the Emperor of China becomes

(40:37):
at the time of his birth a citizen of the
United States by virtue of the first clause of the
Fourteenth Amendment of the Constitution.

Speaker 1 (40:45):
Government attorneys argued that Wang Kimark inherited his parents' Chinese
nationality and was not a citizen because his parents were
foreign subjects. Kimark's lawyers, on the other hand, contended that
the language of the Fourteenth Amendment all persons born in
the United States and subject to a juris diction thereof
or citizens that clause guaranteed citizenship by just so le

(41:08):
or right of birthplace. In essence, they were ignoring both
the history of the drafting of the Fourteenth Amendment and
the history of the nation, a nation that came into existence.
By rejecting the just so lee English common law concept
of being a perpetual subject by birthplace alone, the law
community believed this case would put to rest any ambiguities

(41:30):
in the American birthright citizenship clause.

Speaker 2 (41:34):
On March twenty eighth, eighteen ninety eight, the Supreme Court
issued its decision. In a six to two ruling, it
decided in favor of Wang kim Ark. The court found
that he was a US citizen by birthright, but on
a close reading of the decision, it's clear that the
court's decision did not give birthright citizenship to just anyone

(41:55):
born on American soil. At the time of Wang Kim
RK's birth, Congress had in one way created a situation
similar to that of the newly freed black slaves prior
to the Civil Rights Act of eighteen sixty six. Like
the freed Black slaves, Chinese immigrants were allowed to legally
reside in America, but also like the slaves, they were

(42:15):
not allowed to become US citizens. In fact, because of
treaties with China and US naturalization laws, Chinese immigrants were
never allowed to be American citizens. What the US government
was saying to these Chinese immigrants was that you can
live here lawfully and permanently if you like. You can
have kids here, your kids and your kids' kids can

(42:36):
be born here and live here legally, but they can
never be US citizens, even if they have no allegiance
whatsoever to a foreign power. In this way, the situation
of American born people of Chinese descent was similar to
the situation of the freed slaves before the passage of
the Civil Rights Act. The Fourteenth Amendment was meant to

(42:56):
address this issue, and one could argue that the Supreme
Court had a basis for its decision. Our decision was
not as broad as immigration activists were hoping for. The
central question the Court was tasked with answering was again
whether a child born in the United States to parents
of Chinese descent, who at the time of his birth

(43:18):
are subjects of the Emperor of China but have a
permanent domicile and residence in the United States, was a
US citizen. The Court repeatedly stated throughout their decision that
Wang kim Ark's parents were permanently domiciled in the United States,
a term meaning that they were in the US legally
and intended to be permanent residents of the country. The

(43:40):
Court went to great lengths to continually state this fact
of guangkim Ark's case. Because his parents were in the
United States legally with permanent residents, it made wangkim Ark
subject to the jurisdiction of the United States, as stated
in the Fourteenth Amendment. If the Court was simply making
the argument that Wang Kim rk was born on US soil,

(44:03):
that made him a citizen. The Court's decision would have
stopped there. Their sole argument would have been, he was
born on US soil. That's it. He's an American citizen.
But that's not what the Court was arguing. The Court
did not give citizenship to just anyone born on US soil.
Wan Kimark's parents being legally and permanently domiciled impacted their decision.

(44:34):
Wan kim Mark was subject to the jurisdiction of the
United States. If America had gone to war, the US
government would have put a rifle in Wang kim Mark's
hands and drafted him into service. Effectively, the Supreme Court
was not adopting the English common law version of just
so lee right of the soil. Instead, it adopted what

(44:54):
legal researcher Amy Swearer refers to as an Americanized version
of just so Lee. According to the Court, the fact
that Wankimmark's parents were legally domiciled in the United States
satisfied the citizenship clause of the Fourteenth Amendment. Some of
the leading legal authorities at the time of the decision
believed the Supreme Court got it wrong, arguing that its

(45:17):
decision overrode both treaties, statutes, and the Fourteenth Amendment, which
required citizens to not be subject to any foreign power.
But even with the disagreement, practically all legal minds of
the time understood the court's decision was narrow. In the
immediate wake of the decision, the prestigious Yale Law Journal
concluded that in order for the children of foreign subjects

(45:40):
to be US citizens, the parents must not be foreign
ministers or subjects of any enemy state, and the parents
quote must be permanently domiciled end quote, meaning they must
be legal residents of the United States for their child
born on American soil to be a US citizen. About
a decade after the decision, Henry Campbell Black, the author

(46:01):
of the authoritative Black Laws Day Dictionary, came to the
same conclusion. In nineteen ten, he wrote about US citizenship
in the wake of the wonkim Arc decision.

Speaker 6 (46:19):
The jurisdiction must at the time be both actual and exclusive.
So if a stranger or traveler passing through the country
or temporarily residing here but who has not himself been
naturalized and who claims to own no allegiance to our government,
has a child born here and then goes out of
the country with his father, such child is not a
citizen of the United States because he was not subject

(46:41):
to its jurisdiction. But the children born within the United
States of permanently resident aliens who aren't diplomatic agents or
otherwise within the accepted classes are citizens. And this is
true even when the parents are of a race of persons,
such as the Chinese, who cannot acquire citizenship for themselves
through naturalization.

Speaker 2 (47:01):
Henry Campbell Black unders toward the requirement of parents being
legally and permanently domiciled in the US for their US
born children to be American citizens. As it is today,
Black Law's Dictionary was an authoritative legal reference in the
United States. Every US lawyer has it on their bookshelf.
The WNG cam Maark decision only gave citizenship to the

(47:23):
children of people legally and permanently residing in the United States.
But over the coming decades a movement would arise that
would not only distort the Supreme Court decision, but would
also use it to bring about a United States comprised
of not just Americans, but of international citizens.

Speaker 1 (47:42):
Coming up on red pilled America.

Speaker 7 (47:44):
There are groups of people here and abroad who consider
citizenship to a particular country, hawse and regressive. These are
people who believe in the idea of citizen of the world.

Speaker 2 (48:01):
Red Pilled America's and our Heeartradio original podcast. It's owned
and produced by Patrick Carrelci and me Adriana Cortez for
Informed Ventures. Now you can get ad free access to
our entire catalog of episodes by becoming a backstage subscriber.
To subscribe, just visit Redpilled America dot com and click
join in the top menu. Thanks for listening.
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