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We the People

The Future of Birthright Citizenship

We the People

National Constitution Center

History, News Commentary, News

4.6 • 1K Ratings

🗓️ 24 April 2025

⏱️ 60 minutes

🧾️ Download transcript

Summary

On May 15, the Supreme Court will hear oral arguments in a case challenging the constitutionality of President Trump’s executive order which seeks to end birthright citizenship for the children of undocumented immigrants. Legal scholars Gabriel Chin of the University of California, Davis School of Law; Amanda Frost of the University of Virginia School of Law; Kurt Lash of the University of Richmond School of Law; and Ilan Wurman of the University of Minnesota Law School join Jeffrey Rosen to debate the scope of the citizenship clause of the Fourteenth Amendment.   Resources Gabriel J. Chin and Paul Finkelman, “Birthright Citizenship, Slave Trade Legislation, and the Origins of Federal Immigration Regulation,” UC Davis Law Review (April 8, 2021)  Ilan Wurman, “Jurisdiction and Citizenship,” Minnesota Legal Studies Research Paper No.25-27 (April 14, 2025)  Amanda Frost, “The Coming Assault on Birthright Citizenship,” The Atlantic (Jan. 7 2025)  Kurt Lash, “Prima Facie Citizenship: Birth, Allegiance and the Fourteenth Amendment's Citizenship Clause,” SSRN (Feb. 22, 2025)  Amanda Frost, Testimony Before the Subcommittee on the Constitution and Limited Government, U.S. House of Representatives (Feb. 25, 2025)  Stay Connected and Learn More Questions or comments about the show? Email us at [email protected] Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Transcript

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0:00.0

On May 15, 2025, the Supreme Court will hear oral arguments about the constitutionality of President Trump's executive order seeking to end birthright citizenship for the children of undocumented immigrants.

0:16.6

Hello, friends. I'm Jeffrey Rosen, president and CEO of the National Constitution Center,

0:21.7

and welcome to We the People, a weekly show of constitutional debate.

0:25.5

The National Constitution Center is a nonpartisan nonprofit, chartered by Congress,

0:30.1

to increase awareness and understanding of the Constitution among the American people.

0:34.9

In this episode, Gabriel Chin of the University of California

0:37.8

Davis School of Law, Amanda Frost of the University of Virginia School of Law, Kurt Lash of the

0:43.6

University of Richmond School of Law, and Ilan Wormon of the University of Minnesota Law School,

0:49.2

join we to people for a debate about the scope of the Citizenship Clause of the 14th Amendment.

0:55.7

Enjoy the show.

0:57.6

Thank you so much for joining us, Jack Chin, Amanda Frost, Kurt Lash and Alon Warman.

1:04.1

Amanda Frost, let's start with you.

1:07.1

On January 20th, the Trump administration issued an executive order, which said that children

1:15.0

born in the United States would only be granted citizenship if at least one of their parents

1:19.3

is a U.S. citizen or a lawful permanent resident.

1:23.7

Tell us why you have concluded that that executive order is inconsistent with the text,

1:31.1

history, and precedent surrounding the 14th Amendment.

1:36.5

Yes, and thank you for having me, and I'm looking forward to the conversation with this group.

1:41.7

Let me just say there's lots of interesting and hard constitutional

1:44.9

questions out there, and I don't think this is one of them. And the reason I say that is because

1:50.5

every method of constitutional interpretation supports what I'll call as a matter of shorthand,

1:56.2

the universalist view. That is the view that everyone born in the U.S. is a citizen with a few narrow exceptions

...

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