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Speaker 1: Hey, Michael, girl dad. Hey, I'm in the middle of

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Speaker 1: the Pacific Ocean somewhere and I don't actually know where

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Speaker 1: I am, but I was hoping you could help me.

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Speaker 1: Have you looked through your pos to try to figure

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Speaker 1: out what the story is with a condom tax? I

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Speaker 1: really really need to know, and if you could give

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Speaker 1: me a little bit of a heads up on what

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Speaker 1: that is, that would be great. So thanks, Michael, Mike.

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Speaker 2: Dragon, could you just google condom tax for me so

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Speaker 2: we could help girl dad out while he's on a

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Speaker 2: But what worries me? Is he on a military vessel

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Speaker 2: and he's worried about condom taxes? Or is he on

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Speaker 2: a cruise ship? Or is he on a dingy just

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Speaker 2: floating around?

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Speaker 3: I mean, all lost at sea, all of the above.

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Speaker 3: But I'm worried because the man's married as girl, so.

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Speaker 2: Maybe they don't want anymore children. Okay, you know you

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Speaker 2: always go to the You always go to the you know,

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Speaker 2: ugly immoral, kind of perverted side of things, whereas I'll

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Speaker 2: always go to the just the you know, I'm just

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Speaker 2: trying to help fellow man here. And by the way,

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Speaker 2: if if there is truth to the condom tax, does

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Speaker 2: it really apply to international waters.

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Speaker 3: Oh yeah, there's that, you know.

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Speaker 2: And and wouldn't wouldn't there be like if he's on

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Speaker 2: a commercial boat, wouldn't there be a commissary of source.

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Speaker 2: And you're like a little uh, like a CBS on

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Speaker 2: board or something, you know, pharmacy where you can get

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Speaker 2: your own condoms, or maybe just go down below to

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Speaker 2: the men's room and see if there's one of those

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Speaker 2: machines you put a quarter in it. Yeah, just step

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Speaker 2: one there. But your look really irritates me. One. I

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Speaker 2: don't know whether to believe in whether he's really in

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Speaker 2: the middle of the Pacific Ocean or not, although I

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Speaker 2: tend to think with his work, he very well could be. Two.

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Speaker 2: We'd like if you are out in the middle of

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Speaker 2: the Pacific Ocean, we'd like to know why you're out

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Speaker 2: in the middle of the Pacific Ocean.

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Speaker 3: He can't tell us, Yes he can.

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Speaker 2: He doesn't do anything. He just you know, he just

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Speaker 2: he just tells soldiers, you know, military officials, whether or

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Speaker 2: not the orders are lawful or not.

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Speaker 3: And and so I thought that was left to our politician.

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Speaker 2: Well, and for him to give them the answer. He

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Speaker 2: goes and watches the video and then tells them once

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Speaker 2: he sees the video from the six members of the Yahoo's,

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Speaker 2: you know, like Jason Crow, then he can give the answer.

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Speaker 3: I got to read a couple of these really good

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Speaker 3: text messages that came in three three one zero three

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Speaker 3: keyword Mike or Michael to start off with Michael, Michael, Hey, brownie.

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Speaker 3: Let's get back to the truly important topic of the day. Centerpiece, edge,

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Speaker 3: peach or corner piece. Also, I wonder how many people

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Speaker 3: bake from scratch or are they like me and use

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Speaker 3: box mix.

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Speaker 2: The corner, the edge, or the center depends on the product,

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Speaker 2: like today's brownie.

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Speaker 3: Day, right edge?

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Speaker 2: Okay, yeah, because that way you get both the crispy

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Speaker 2: and the gooey.

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Speaker 3: I like the corners, but I like the crispiness of it,

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Speaker 3: but it needs to be chewy, not crunchy, crunchy bad,

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Speaker 3: chewy good.

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Speaker 2: And there's a fine line between crunching and chewy. Yeah. Yeah.

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Speaker 3: And this other Texicans came in and said, Mike, you suffer,

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Speaker 3: suffer from TDS.

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Speaker 2: He lives rent free in my head. Every time I

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Speaker 2: see an eighteen wheeler, I think of him. And then

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Speaker 2: the other great thing is we and don't send it

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Speaker 2: to us, so we don't want to know. We have

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Speaker 2: no idea what he looks like at least, but didn't

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Speaker 2: that that, But see that leaves us free to imagine

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Speaker 2: that he really is just like a troll of some sort,

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Speaker 2: you know. And he's got a beard not you know,

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Speaker 2: yours is very styled and cleaned and brushed out and everything.

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Speaker 2: There's nothing living in it that I can that I've

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Speaker 2: ever noticed anyway, But his is just mangled and stuff.

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Speaker 2: And his hair he's got some baseball cap on this

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Speaker 2: kind of crooked sideways hairs all matted down. He hasn't

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Speaker 2: shaved a showered in weeks. You know. He reeks just

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Speaker 2: reeks a bio and oil and gas, diesel and stuff

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Speaker 2: just and and you know, and the truck has got

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Speaker 2: like the the Dorido sack is half open, has been

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Speaker 2: open for a week, and the Doris, you know, the

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Speaker 2: crumbs are all hanging around. And I don't know whether

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Speaker 2: he smokes or drinks, but he probably drinks. So there's

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Speaker 2: a bunch of beer cans and he's smashed and you know,

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Speaker 2: there's just they're tossed around. So whenever he makes some

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Speaker 2: sharp curves, everything just moves over the other side, which

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Speaker 2: he considers that to be cleaning off. So now he's

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Speaker 2: got new cleaning space for new bags of Doritos or

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Speaker 2: Freedom lay chips or whatever. He you know, crumbs everywhere,

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Speaker 2: and he's got a he's got a handheld can opener,

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Speaker 2: and he just opens cans of porks and porking beans

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Speaker 2: and just you know, shoves them down out of the

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Speaker 2: can and he just keeps on. So as long as

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Speaker 2: we don't what he really looks like, he may be.

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Speaker 2: You know, he may drive in a suit, a three

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Speaker 2: piece suit, for all we know. But that's not all

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Speaker 2: we want to imagine. We want to imagine that. It's

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Speaker 2: kind of like I used to make fun of Ryan

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Speaker 2: Shuling's you know, apartment in his futon. Yeah, and he

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Speaker 2: may have a futon in the back of his truck too.

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Speaker 2: We go from that on this program to the citizenship

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Speaker 2: clause of the fourteenth Amendment. All right, see there this

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Speaker 2: is we we we cause whiplash. Also, the fourteenth Amendment

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Speaker 2: contains fourteen words before you get to the comma, but

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Speaker 2: three of them still do almost all of the work.

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Speaker 2: All persons born or naturalized in the United States and

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Speaker 2: subject to the jurisdiction.

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Speaker 3: Quick, real quick, girl, Dad just email. Oh, I'm sorry,

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Speaker 3: he's on a cruise.

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Speaker 2: Really, but where in the where you're going to Hawaii

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Speaker 2: or what?

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Speaker 3: Just says cruising? Oh, Grady sent a picture. I didn't

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Speaker 3: need to see that. It's just him, but.

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Speaker 2: I know it's better than gee. All right, back to

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Speaker 2: the citizenship clause. It's the fourteenth It's in the fourteenth

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Speaker 2: Amendment and fourteen words before the comma, but three of

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Speaker 2: them are the primary. They're the heavy lifters. All persons

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Speaker 2: born or naturalized in the United States comma and subject

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Speaker 2: to the jurisdiction thereof. So it's all persons born or

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Speaker 2: naturalized in the United States and subject to the jurisdiction

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Speaker 2: there of are citizens of the United States. Pretty spare,

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Speaker 2: yet they direct you toward a pretty demanding idea citizenship

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Speaker 2: follows allegiance. So when Trump signed the executive voter fourteen

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Speaker 2: one sixty asked, which asked whether a birth that occurs

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Speaker 2: while both parents lack any lawful and durable tie to

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Speaker 2: the United States satisfies that condition. The answer that you

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Speaker 2: have to look at the text, the history, the structure,

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Speaker 2: and the logic of membership, and when you do that.

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Speaker 2: The answer is no, and I maintained I don't care

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Speaker 2: how many Supreme Court decisions we have. The Supreme Court

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Speaker 2: is ignoring text, history, structure, and the logic of membership.

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Speaker 3: Well.

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Speaker 2: In a shocking revelation, the Supreme Court has agreed to

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Speaker 2: decide this question. Now we won't have we won't even

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Speaker 2: have oral arguments. They'll start the briefing pretty soon, but

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Speaker 2: oral arguments are not expected until next spring. A fining rule,

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Speaker 2: a final ruling, probably by I'm guessing this will be

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Speaker 2: one of the final rules, or they issue before the

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Speaker 2: end of the October term, so you might get a decision. Oh,

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Speaker 2: I don't know, sometime in the summer. I don't I

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Speaker 2: just it's all a guess. But this is the first

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Speaker 2: time since eighteen ninety eight that the Supreme Court will

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Speaker 2: face the constitutional meaning of birthright citizenship, and it's about

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Speaker 2: time they do. Start with the text itself. If the framers,

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Speaker 2: if the founding fathers, meant that every birth on US

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Speaker 2: soil confers citizenship, then why would you have a qualifying

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Speaker 2: phrase all persons born or naturalized in the United States

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Speaker 2: and subject to the jurisdiction effort thereof That would be

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Speaker 2: the qualifying Why would you need that If the founders

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Speaker 2: meant that anybody born on American soil is a US citizen,

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Speaker 2: why would you put you you would just write all

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Speaker 2: persons born or naturalized in the United States or citizens

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Speaker 2: of the United States. Why would you throw in and

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Speaker 2: subject to the jurisdiction thereof? Because they did not say

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Speaker 2: that every person born in the United States is a citizen.

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Speaker 2: They wrote born here and and the conjunctive phrase means

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Speaker 2: and this. You have to include this too. It's not

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Speaker 2: or it's and so it's born and subject to the jurisdiction. Now,

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Speaker 2: Senator Lyman Trumbull explain that point with clarity when they

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Speaker 2: were debating it. Being so the subject to the jurisdiction

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Speaker 2: required owing no allegiance to any other sovereign and being

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Speaker 2: under the complete jurisdiction of the United States. You have

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Speaker 2: to remember when this amendment was adopted during around the

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Speaker 2: Civil War. The eighteen sixty six Civil Rights Act used

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Speaker 2: an almost identical formula. All persons born in the United

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Speaker 2: States and not subject to any foreign power, excluding Indians

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Speaker 2: not taxed, are citizens. So the drafters understood the phrases

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Speaker 2: as equivalent. The incidate Jacob Poward, who introduced the clause,

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Speaker 2: described its scope. Listen closely to this, It just just

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Speaker 2: drives me nuts. Senator Jacob Poward, who introduced the clause,

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Speaker 2: described its scope as excluding the children of foreigners, aliens,

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Speaker 2: and families of ambassadors or ministers. So the reverti. Johnson

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Speaker 2: agreed and tied jurisdiction to allegiance to the United States

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Speaker 2: at birth. Congressman John Bingham had earlier distilled the same

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Speaker 2: idea that citizenship attaches to those born here of parents

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Speaker 2: not owing allegiance to a foreign sovereign. So the shared

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Speaker 2: theme among the drafters of both the Amendment and the

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Speaker 2: eighteen sixty six Civil Rights Act, expressed repeatedly, is that

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Speaker 2: it is allegiance that matters, it is not geography. Now,

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Speaker 2: some of you may worry that these statements were just

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Speaker 2: stray remarks. They were not stray remarks. They reflected a

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Speaker 2: moral purpose of the clause itself, because after the Civil War,

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Speaker 2: Congress wanted to severe citizenship for the slaves, for the

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Speaker 2: freedmen who had been born here and owed allegiance here.

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Speaker 2: Yet those same people had been denied citizenship for those

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Speaker 2: who already belonged not to extend an open invitation to

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Speaker 2: secure automatic membership through just happenstance. So this jurisdictional language

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Speaker 2: mattered because it directed the guarantee toward those who stood

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Speaker 2: fully within American authority. So what were the framers trying

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Speaker 2: to do? They were trying to protect an existing community.

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Speaker 2: They weren't trying to create an unconditional worldwide right to

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Speaker 2: citizenship just by accident of place. Early early judicial decisions

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Speaker 2: aligned with that understanding. For example, the Supreme Court in

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Speaker 2: the slaughter House cases read the clause as specifically excluding

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Speaker 2: the children of ministers of consuls and citizens of or

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Speaker 2: subjects of foreign states. Then, in a case called Elk

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Speaker 2: versus Wilkins, the Court denied birth citizenship to a Native

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Speaker 2: American born with US, born within US territory because at

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Speaker 2: birth he owed allegiance to his tribe, who was a

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Speaker 2: and that tribe was a distinct sovereign. Now, it was

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Speaker 2: only later that Congress enacted the Indian Citizenship Act in

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Speaker 2: nineteen twenty four that conferred citizenship on Native Americans Native Indians,

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Speaker 2: which would have been unnecessary. If this territorial birth alone

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Speaker 2: had been sufficient, Congress wouldn't needed to have enacted that

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Speaker 2: it would just been, Hey, every Indian that was born

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Speaker 2: here is automatically a citizen. No, they enacted that because

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Speaker 2: they knew that the clause. They knew in nineteen twenty four,

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Speaker 2: that back in eighteen sixty six that that clause was

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Speaker 2: put in there for a very specific reason. Now, the

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Speaker 2: executive branch. All I've talked about so far is the

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Speaker 2: legislative branch and the judicial branch. Well, the executive branch

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Speaker 2: followed the exact same path. Secretary of State Frederic Frielenheuisen

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Speaker 2: and Thomas Bayerd declined to treat certain US born children

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Speaker 2: of transient foreign nationals as citizens. And when they did,

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Speaker 2: they explained that Berth's implying alien subjection did not create

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Speaker 2: citizenship by force of the Constitution alone. So, in the

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Speaker 2: formative generation after ratification of the amendment, jurisdiction meant more

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Speaker 2: than you know, place latitude and longitude. It meant allegiance

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Speaker 2: often indexed to the parents' standing, including their domicile and

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Speaker 2: their permission to remain here. Yeah, the critics of what

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Speaker 2: I just described as my reasoning of why the Amendment

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Speaker 2: means what it means, they will invoke a case which

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Speaker 2: we've talked about before on this program, maybe not over

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Speaker 2: here but on the other station. But we've talked about

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Speaker 2: this case before, the United States versus Wong Kim arc

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Speaker 2: and many people treat that case as if it answers

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Speaker 2: the entire question. It did not answer the question. There.

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Speaker 2: The court held very simply that a child born in

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Speaker 2: San Francisco to Chinese subjects whose parents were lawfully and

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Speaker 2: permanently domiciled in this country was a citizen. And people

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Speaker 2: just skim over that. And I think it's critical because

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Speaker 2: the opinion repeatedly emphasized that the parents were resident aliens

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Speaker 2: with an established and permanent domicile. Now in that case, too,

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Speaker 2: the court noted a bunch of traditional exceptions diplomats and

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Speaker 2: if you were here as a hostile occupier, and it

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Speaker 2: did not consider, let alone decide the case the children

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Speaker 2: born to those here unlawfully or even just briefly, oh

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Speaker 2: my gosh, you're just at the time you wouldn't have

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Speaker 2: been flying. But let's just say, oh my gosh, you're flying.

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Speaker 2: You shouldn't be flying when you're that close to having

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Speaker 2: a baby, or maybe you're not. Maybe you're at just

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Speaker 2: six months or eight months and you land at Denver

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Speaker 2: International Airport and suddenly, oh, you go into labor, so

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Speaker 2: they take you to a local hospital and you give birth.

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Speaker 2: But you were just transitting. You were flying from Paris

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Speaker 2: to let's say there's no direct fly so you're flying

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Speaker 2: from Frankfurt or London to again, you're on your way

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Speaker 2: to Oh, I don't know to see where would you

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Speaker 2: be going. You might be going to Tokyo. And the

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Speaker 2: cheapest route was London, Denver, Denver direct Tokyo. This doesn't

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Speaker 2: make you a resident. Who the right mind would think

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Speaker 2: that makes that person a citizen. Just the practicality of

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Speaker 2: it shows how stupid it is. And that's why I say,

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Speaker 2: in Wong Kim arc that Supreme Court case, all the

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Speaker 2: critics who invoked that case is proving that this is

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Speaker 2: what Congress meant ignores what that really accepted. It accepted

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Speaker 2: those who are here in terms of being just transitory.

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Speaker 2: And it was only the case of it one child

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Speaker 2: whose parents were lawfully and permanently domiciled in this country.

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Speaker 2: And yeah, it is break time, so let me take

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Speaker 2: a break. When I get back, I want to show

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Speaker 2: you how extending Wong the Wong case Wong Kim arc beyond.

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Speaker 2: This fact converts a very carefully crafted holding about the

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Speaker 2: children of lawful permanent residents into this stupid, unwritten rule

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Speaker 2: for every newborn, regardless of their parental status.

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Speaker 4: I tell you, I'm so excited to be able to

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Speaker 4: listen to the situation with Michael Brown on kna A

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Speaker 4: radio as I'd drive across Missouri and it causes Mavis,

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Speaker 4: did you obtailed to vibrate?

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Speaker 2: Amen? Hallelujah. Amen. Love the goobers, absolutely love the goobers,

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Speaker 2: even those that pay for the Wi Fi on a

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Speaker 2: cruise ship to listen on the free iHeartRadio app.

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Speaker 3: I have a question here. We just had that guy

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Speaker 3: said that he was wherever I wasn't paying attention to

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Speaker 3: wherever he was. And then in the Pacific, where's our map?

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Speaker 2: Well, I asked him her one day, she sent it back.

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Speaker 2: She sent it back last week.

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Speaker 3: So you received a map there. I told you that

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Speaker 3: you didn't tell the audience that. Oh no, well, I'm sorry.

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Speaker 3: Are there no secrets between you and me? Clearly nothing.

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Speaker 3: Michael has a hard time figuring out inches and feet.

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Speaker 2: Maybe Tamor ordered it.

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Speaker 3: I don't know. A guy six inches is different than

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Speaker 3: a woman six inches.

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Speaker 2: What do you what do you think? I guess I

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Speaker 2: should actually measure that figure out, like how wide that three?

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Speaker 3: F Yeah you think.

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Speaker 2: Because I think it's an odd I think the next shape,

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Speaker 2: next shape, the next size up as an odd odd number.

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Speaker 3: I mean to So what we're alluding to is Michael

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Speaker 3: ordered the wrong size. He ordered something roughly the size

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Speaker 3: of a sheet of paper and not this three foot

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Speaker 3: by two foot map.

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Speaker 2: Are you done?

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Speaker 3: I can be, probably not, but I can be.

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Speaker 2: But you won't be. You won't be you. You kind

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Speaker 2: of treat me the way I should treat my little brother. Yeah.

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Speaker 2: And the sad part is I think I'm significantly older

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Speaker 2: than you, just a bit. Yeah, yeah, but yeah, you

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Speaker 2: you seem to think back there. You can just interrupt

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Speaker 2: me and try to get me to go Chase.

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Speaker 3: Interrupt you turn your mic off at a moment's notice,

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Speaker 3: and nobody can hear what you're saying.

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Speaker 2: Anyway.

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Speaker 3: Yeah, you know, I'm in charge. I'm glad you they

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Speaker 3: figured out that. Everybody knows it.

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Speaker 2: And in the middle of all of this, we're trying

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Speaker 2: to discuss the fourteenth Amendment. By the way, do you

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Speaker 2: know fourteenth?

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Speaker 1: You know?

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Speaker 2: Do you have to spell fourteenth, like the one four

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Speaker 2: little th h?

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Speaker 3: You know, Yeah, does that have a specific name or something?

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Speaker 3: I'm produciously well, I'm not.

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Speaker 2: You know, that's a good question.

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Speaker 3: I'm not sure what you would call that. It's not

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Speaker 3: really a contraction, it's just a little th h. But

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Speaker 3: it's got to be above and in the corner. Yeah, yeah,

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Speaker 3: I'm gonna there's gotta be a name for that.

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Speaker 2: I won if that is a.

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Speaker 3: Little squared symbol or the cube symbol.

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Speaker 2: I was trying to think of the name. Oh, it

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Speaker 2: was a I think it's a canula or something, the

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Speaker 2: little thing that you put in your noses from oxygen. Yeah,

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Speaker 2: is that what it's called?

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Speaker 3: Yeah, canula, that sounds pretty accurate.

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Speaker 2: Yeah, or a canoli is it?

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Speaker 3: Or canola is the cream filled dish dessert?

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Speaker 2: Yeah? So what is the what is the name for

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Speaker 2: in fourteenth? Not the word, but the number fourteenth? What's

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Speaker 2: the little th h with the line under? What's name?

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Speaker 3: In any number? It doesn't have to only be on fourteen? Okay,

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Speaker 3: first second?

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Speaker 2: Okay, okay, got it, got it? Got me?

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Speaker 3: I continue, fine, all right, So let's go back to

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Speaker 3: the class. Your name is on the show. I mean

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Speaker 3: you might as well.

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Speaker 2: Is that I don't know. Sometimes I wonder, all right,

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Speaker 2: Sometimes I wonder and it's Monday and it's getting close

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Speaker 2: to Christmas, and we just don't care. When you think

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Speaker 2: about let's think for a moment about jurisdiction, because in

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Speaker 2: the Constitution and in our laws for that matter, jurisdiction

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Speaker 2: is demanding. Jurisdiction is also a prerequisite or a requirement.

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Speaker 2: Who has jurisdiction over a case, not the venue, because

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Speaker 2: jurisdiction that you know, you commit a murder in Colorado,

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Speaker 2: the jurisdiction is, assuming it's a state murder, your jurisdiction

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Speaker 2: is Colorado. You can't go try the case in Missouri.

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Speaker 2: You got to try it. The jurisdiction is in Colorado.

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Speaker 2: That's a requirement. And in the Constitution, jurisdiction is also demanding.

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Speaker 2: It is not a synonym for physical control at any

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Speaker 2: given moment. It marks a relation of the rightful governance

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Speaker 2: and a reciprocal obligation. So people's people that are temporarily present, yes,

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Speaker 2: are physically within the government's reach. So if you are

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Speaker 2: from Paris or you're from Frankfort and you're speeding down,

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Speaker 2: you know the twenty five and Colorado State troopers stops you.

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Speaker 2: You are you're not subject to your subject to the jurisdiction,

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Speaker 2: but your allegiance remains elsewhere. So you're physically within the

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Speaker 2: government's reach. But you're still a German or a Parisian.

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Speaker 2: You're not Colorado. And the Congress during reconstruction understood that distinction,

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Speaker 2: so they wrote text to capture that distinction. A baby

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Speaker 2: born to two tourists leaves the hospital with a passport

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Speaker 2: to the parent's nation, because allegiance follows parentage when domicile

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Speaker 2: does not tie the family to this country. The diplomat's

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Speaker 2: child is I think the lawful example. The diplomat is

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Speaker 2: within our territory and subject to some local laws like speeding.

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Speaker 2: Yet everybody agrees that the diplomat's child is not a

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Speaker 2: citizen at birth. Why because the clause concerns membership, not geography.

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Speaker 2: So when Trump issued his executive order, it reflected that logic,

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Speaker 2: and it channels it into a prospective rule. If at

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Speaker 2: least one parent is a US citizen or a lawful

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Speaker 2: permanent resident, the child is a citizen at birth. If

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Speaker 2: neither parent has that status, the child is not a

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Speaker 2: citizen of this country. Nobody loses citizenship retroactively, but no

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Speaker 2: one is denationalized. The order operates prospectively and leaves untouched

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Speaker 2: the ordinary path of naturalization. It closes a gap that

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Speaker 2: has widened and gotten wider and wider between the original

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Speaker 2: meeting and this modern administrative drift, and that drift has

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Speaker 2: been driven primarily, in my opinion, by politics, not the

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Speaker 2: rule of law. We have adopted this idea that you're

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Speaker 2: born here, you got birthright citizenship because Democrats primarily wanted that.

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Speaker 2: They wanted people that came here unlawfully to become citizens

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Speaker 2: because then they could vote for them. Now my position

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Speaker 2: about birthright citizenship, some people actually believe that's on America.

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Speaker 2: They think that it's awful that I have that attitude.

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Speaker 2: I think the contrary is true. Citizenship is a reciprocal status.

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Speaker 2: It is a bond of protection and allegiance. It's not

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Speaker 2: a prize because you successfully made it here. It's not

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Speaker 2: a consolation prize because you unlawfully entered the country. So

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Speaker 2: restoring the role of allegiance honors the basic small R

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Speaker 2: Republican premise that a people govern themselves by consent and

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Speaker 2: includes deciding the terms of membership in this club that

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Speaker 2: we call the United States of America. It includes the

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Speaker 2: authority to say that citizens' children and permanent residents children

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Speaker 2: belonged by birth, and it says that children of transience

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Speaker 2: or illegalaliens must join the community through the lawful process

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Speaker 2: like everybody else. That's not cruel, that's equality, that's equality

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Speaker 2: under the law. And then there are people that fear

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Speaker 2: that the executive vorter conflict with precedent. Obviously, I don't

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Speaker 2: think it does because of everything I told you about

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Speaker 2: what that president really is. And then people will argue, well,

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Speaker 2: just the policy is unwise. They imagine bureaucratic friction, or

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Speaker 2: they worry about statelessness, or suspect that it's an anti

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Speaker 2: illegal alien motive. Every single one of those concerns can

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Speaker 2: be answered. Administrative systems already verify parntal identity and status

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Speaker 2: for a range of benefits. Adding a simple inquiry regarding

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Speaker 2: whether at least one parent is a citizen or lawful

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Speaker 2: permanent resident is not only feasible, I think it's practical,

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Speaker 2: and I think it's reasonable. Statelessness doesn't follow. Most nations

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Speaker 2: confer to citizenship by descent, and rare edge cases can

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Speaker 2: be addressed by Congress, as it's already done, and as

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Speaker 2: for motives, structure supplies the best evidence. A rule that

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Speaker 2: accepts citizens and green card holders children equally regardless of

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Speaker 2: race or origin, and it treats every other child equally

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Speaker 2: regardless of race or origin is a neutral policy. It

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Speaker 2: creates no permanent bar. It preserves the naturalization process, so

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Speaker 2: it's not punitive, it's not exclusionary. It's all calibrated to

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Speaker 2: the original intent about jurisdiction and allegiance.

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Speaker 5: Michael, this is one seven one. I was just sitting

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Speaker 5: listening to your Monday show and they just have a

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Speaker 5: name for the new show, call it Dragon and the Michael. I,

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Speaker 5: hey both you hate both of you.

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Speaker 2: Gee, okay, So if your name's going to be on

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Speaker 2: it too, then when then when I finished in this segment,

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Speaker 2: then you just came in and do the last segment.

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Speaker 4: No.

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Speaker 3: No, I'm like the director of Like movies, Steven Jackson.

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Speaker 3: I'll just step back and you know, watch you do

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Speaker 3: the work.

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Speaker 1: But I.

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Speaker 2: But you're criticized, of course, criticize, right, yeah, everything positive,

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Speaker 2: just all.

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Speaker 3: Critical, Okay, Steven Spielberg and you're.

435
00:28:33,480 --> 00:28:34,080
Speaker 2: Tom Hanks.

436
00:28:35,640 --> 00:28:37,880
Speaker 3: You're nowhere near as good looking as Tom Hanks.

437
00:28:38,520 --> 00:28:40,960
Speaker 2: Well, you just said Spielberg, and I first immediately thought

438
00:28:41,000 --> 00:28:44,440
Speaker 2: of Hanks because something made me what was I doing.

439
00:28:45,040 --> 00:28:48,280
Speaker 2: I was doing something this weekend. I was reading something

440
00:28:48,320 --> 00:28:54,800
Speaker 2: about Normandy, and that opening scene in citing Private Ryan,

441
00:28:55,280 --> 00:28:59,240
Speaker 2: I think is so spot on that I stopped reading

442
00:28:59,240 --> 00:29:01,600
Speaker 2: what I was reading and went over to YouTube and

443
00:29:01,640 --> 00:29:05,040
Speaker 2: I watched like nine minutes of that opening scene and

444
00:29:05,080 --> 00:29:06,720
Speaker 2: then went back to reading what I was reading about

445
00:29:06,720 --> 00:29:11,040
Speaker 2: Normandy because they were talking about some of the problems

446
00:29:11,040 --> 00:29:13,920
Speaker 2: they had with at Omaha Beach and the planning and everything.

447
00:29:13,960 --> 00:29:17,120
Speaker 2: It was. It was fascinating. So the path, I think

448
00:29:17,200 --> 00:29:19,720
Speaker 2: the path to the Supreme Court ruling is pretty clear.

449
00:29:20,120 --> 00:29:23,840
Speaker 2: The Constitution simply does not compel citizenship by birth when

450
00:29:24,000 --> 00:29:27,320
Speaker 2: neither parent has a lawful or a durable tie to

451
00:29:27,440 --> 00:29:31,360
Speaker 2: this country. And if we in if the Supreme Court

452
00:29:31,440 --> 00:29:33,600
Speaker 2: does what I think they should, when I think they will,

453
00:29:34,960 --> 00:29:39,760
Speaker 2: that principle will preserved citizenship for children of citizens and

454
00:29:39,880 --> 00:29:44,240
Speaker 2: lawful permanent residents, and it will leave untouched the long

455
00:29:44,400 --> 00:29:50,000
Speaker 2: established naturalization process for everybody else. So that will respect

456
00:29:50,320 --> 00:29:53,920
Speaker 2: the structure of the fourteenth Amendment, it will preserve its

457
00:29:53,960 --> 00:30:00,760
Speaker 2: original meaning, and it will preserve its historical purpose, conciles

458
00:30:00,920 --> 00:30:05,400
Speaker 2: the text with those early judicial decisions and with the

459
00:30:05,520 --> 00:30:11,080
Speaker 2: early executive practice, and all of that aligns this country

460
00:30:12,440 --> 00:30:16,240
Speaker 2: with pure democracies that long ago revised similar rules to

461
00:30:16,400 --> 00:30:21,520
Speaker 2: reflect allegiance and not geography. But I think most importantly,

462
00:30:21,600 --> 00:30:25,480
Speaker 2: it restores coherence to the first sentence of the fourteenth Amendment,

463
00:30:26,640 --> 00:30:32,480
Speaker 2: a sentence whose clarity has been obscured by politics, and

464
00:30:32,680 --> 00:30:37,040
Speaker 2: that clear ruling is going to give us stability to

465
00:30:37,160 --> 00:30:41,520
Speaker 2: a legal landscape that has been marked by uncertainty. Hospitals,

466
00:30:41,640 --> 00:30:45,920
Speaker 2: government agencies wouldn't know how to classify a newborn. States

467
00:30:45,960 --> 00:30:48,480
Speaker 2: would be able to plan budgets and services without just

468
00:30:49,040 --> 00:30:54,440
Speaker 2: guessing at shifting citizenship practices. Families would have clarity and

469
00:30:54,800 --> 00:30:59,760
Speaker 2: could make decisions based on an accurate expectation rather than

470
00:30:59,800 --> 00:31:03,920
Speaker 2: this illusory promise that anybody born within the US borders

471
00:31:04,120 --> 00:31:10,000
Speaker 2: guarantees membership in this sovereign community, and the federal courts

472
00:31:10,600 --> 00:31:14,760
Speaker 2: could no longer be forced to manage nationwide injunctions based

473
00:31:14,760 --> 00:31:19,000
Speaker 2: on speculative readings of the President, and the integrity of

474
00:31:19,040 --> 00:31:22,280
Speaker 2: our citizenship would be strengthened, and the Constitution will once

475
00:31:22,320 --> 00:31:26,960
Speaker 2: again be read according to its text, not according to

476
00:31:27,080 --> 00:31:31,880
Speaker 2: a bunch of dumbass assumptions that accumulated over decades for

477
00:31:32,000 --> 00:31:37,000
Speaker 2: a century without judicial scrutiny. And I think that is

478
00:31:37,080 --> 00:31:41,920
Speaker 2: why the Court will completely upend birthright citizenship