1 00:00:00,240 --> 00:00:03,800 Speaker 1: I think it's obvious that the Democrats want their areas neat. 2 00:00:04,320 --> 00:00:06,680 Speaker 1: And for you, those of you that don't drink, that 3 00:00:06,720 --> 00:00:07,840 Speaker 1: means with no eyes. 4 00:00:09,960 --> 00:00:12,760 Speaker 2: Thanks for that. I don't drink, so that that clarifies 5 00:00:12,760 --> 00:00:13,840 Speaker 2: things out appreciate it. 6 00:00:15,800 --> 00:00:17,160 Speaker 1: You're right, they wann't neat. 7 00:00:18,920 --> 00:00:21,560 Speaker 3: I was I was going to talk about birthright citizenship, 8 00:00:21,600 --> 00:00:24,560 Speaker 3: but there's breaking news that obviously will take the rest 9 00:00:24,600 --> 00:00:28,360 Speaker 3: of the next two hours for me to analyze and discuss. 10 00:00:28,520 --> 00:00:34,720 Speaker 3: But former FBI Director James Comey has pled. 11 00:00:36,680 --> 00:00:41,280 Speaker 1: Not guilty. 12 00:00:42,400 --> 00:00:43,879 Speaker 3: You know, I think that kind of made that that 13 00:00:44,000 --> 00:00:47,000 Speaker 3: might be a good summation right there. Can we hear 14 00:00:47,040 --> 00:00:51,960 Speaker 3: that again just so we can Okay, I think we 15 00:00:51,960 --> 00:00:54,520 Speaker 3: can move on to the next topic then, unless you 16 00:00:54,560 --> 00:00:56,120 Speaker 3: did you want to analyze that any further. 17 00:00:56,480 --> 00:00:57,840 Speaker 2: Yeah, I'm good. I'm not sure I could do it 18 00:00:57,840 --> 00:00:58,639 Speaker 2: a third third time. 19 00:00:58,720 --> 00:01:04,720 Speaker 3: The formerly fat guy can't do that said one more 20 00:01:04,760 --> 00:01:06,119 Speaker 3: time without passing out. 21 00:01:06,760 --> 00:01:12,240 Speaker 2: Cardio. I like lifting weights, So the cardio is for 22 00:01:12,319 --> 00:01:16,480 Speaker 2: respiratory health time. I can't no strength muscle. I like that. 23 00:01:18,600 --> 00:01:22,960 Speaker 3: So so when you die, you'll be all muscular. You'll 24 00:01:23,000 --> 00:01:25,400 Speaker 3: just die of respiratory disease because you can't breathe. 25 00:01:25,440 --> 00:01:27,080 Speaker 2: I can't go up a flight of stairs, but I 26 00:01:27,080 --> 00:01:27,920 Speaker 2: can bench you a lot. 27 00:01:31,959 --> 00:01:32,440 Speaker 1: I can go up. 28 00:01:32,520 --> 00:01:34,200 Speaker 3: I can go up flights of stairs all day long. 29 00:01:34,280 --> 00:01:36,880 Speaker 3: I just can't lift much much more than the diet goat. 30 00:01:42,200 --> 00:01:46,759 Speaker 3: You know, I'm really this close. I'm this close huh 31 00:01:47,040 --> 00:01:49,400 Speaker 3: to just going down that rabbit hole and just just 32 00:01:49,640 --> 00:01:51,680 Speaker 3: nothing but bs for the next two hours. 33 00:01:52,960 --> 00:01:53,640 Speaker 1: I don't know why. 34 00:01:54,200 --> 00:01:58,160 Speaker 3: I think it's because it truly was like that was 35 00:01:58,240 --> 00:02:03,360 Speaker 3: the breaking news, was that somebody pled not guilty at 36 00:02:03,360 --> 00:02:07,120 Speaker 3: their first at their arraignment. Wow, that's never happened before 37 00:02:07,120 --> 00:02:09,920 Speaker 3: in the history of criminal jurisprudence. 38 00:02:10,240 --> 00:02:12,120 Speaker 2: I mean, you could check out some of my stories. 39 00:02:12,120 --> 00:02:15,000 Speaker 2: I think there was one. Uh oh, I think it 40 00:02:15,040 --> 00:02:16,560 Speaker 2: was yesterday, so I don't know if you would still 41 00:02:16,600 --> 00:02:16,840 Speaker 2: have it. 42 00:02:16,960 --> 00:02:18,600 Speaker 1: The uh the. 43 00:02:18,400 --> 00:02:19,480 Speaker 2: Pubic hair pieces. 44 00:02:19,720 --> 00:02:21,720 Speaker 1: I do have that one, Okay, you did see. 45 00:02:21,880 --> 00:02:25,000 Speaker 2: And then there was one from today, the firefighter throwing 46 00:02:25,040 --> 00:02:26,560 Speaker 2: tampons at their ex's house. 47 00:02:26,639 --> 00:02:28,360 Speaker 1: M yeah. 48 00:02:29,400 --> 00:02:31,200 Speaker 3: The only problem with the one about them they got 49 00:02:31,280 --> 00:02:35,360 Speaker 3: firefighter that's a good friend of mine. Ah yeah, so 50 00:02:35,440 --> 00:02:37,960 Speaker 3: I thought, you know, I don't want to embarrass him. 51 00:02:38,480 --> 00:02:40,919 Speaker 3: I bought the tampons for him, but seems too embarrassed 52 00:02:42,080 --> 00:02:46,399 Speaker 3: safe way to buy some tampons. I was just about 53 00:02:46,440 --> 00:02:48,520 Speaker 3: going to Minnesota and going to the men's restroom and 54 00:02:48,560 --> 00:02:49,440 Speaker 3: just stealing some too. 55 00:02:49,600 --> 00:02:51,960 Speaker 2: I'm just the headline guy, so I was just curious 56 00:02:51,960 --> 00:02:57,240 Speaker 2: if they were used or not. I mean, if it's once. 57 00:02:57,080 --> 00:02:58,640 Speaker 3: You make that noise a few more times so you 58 00:02:58,680 --> 00:03:00,320 Speaker 3: will pass out. 59 00:03:00,120 --> 00:03:00,400 Speaker 1: Listen. 60 00:03:03,040 --> 00:03:05,240 Speaker 3: I want to talk about because we've been doing immigration, 61 00:03:05,320 --> 00:03:10,880 Speaker 3: I want to talk about this, the citizenship clause, the 62 00:03:10,919 --> 00:03:17,639 Speaker 3: whole birthright citizenship issue. The citizenship clause of the Fourteenth 63 00:03:17,680 --> 00:03:21,960 Speaker 3: Amendment is a mere fourteen words before you get to 64 00:03:22,000 --> 00:03:26,800 Speaker 3: a comma, and three of them do most of the work. 65 00:03:29,639 --> 00:03:36,160 Speaker 3: The Fourteenth Amendment Section one, All persons born or naturalized 66 00:03:36,160 --> 00:03:40,760 Speaker 3: in the United States and subject to the jurisdiction thereof, 67 00:03:41,880 --> 00:03:44,640 Speaker 3: are citizens of the United States and of the state 68 00:03:44,720 --> 00:03:53,600 Speaker 3: wherein they reside. Now, the lawyer's dispute focuses on the condition. 69 00:03:54,360 --> 00:03:59,240 Speaker 3: What's the condition all persons born? And what I'm really 70 00:03:59,240 --> 00:04:03,360 Speaker 3: doing here is I make my case legal. Many legal 71 00:04:03,400 --> 00:04:07,200 Speaker 3: scholars disagree with me, but I'm gonna make my case. 72 00:04:08,480 --> 00:04:11,400 Speaker 3: All persons born are naturalized in the United States and 73 00:04:11,640 --> 00:04:18,760 Speaker 3: subject to the jurisdiction thereof. That's the qualifying clause. That's 74 00:04:18,800 --> 00:04:24,560 Speaker 3: the condition the words are spare if they point to 75 00:04:24,600 --> 00:04:29,880 Speaker 3: a demanding idea. Citizenship follows allegiance. What's one of our 76 00:04:30,000 --> 00:04:35,200 Speaker 3: main gripes about people in the country illegally. They don't assimilate, 77 00:04:36,279 --> 00:04:40,039 Speaker 3: they don't feel like they owe allegiance to the country. 78 00:04:40,880 --> 00:04:41,640 Speaker 1: What does that mean? 79 00:04:42,080 --> 00:04:44,760 Speaker 3: Do you feel allegiance to your country? Do you feel 80 00:04:44,760 --> 00:04:51,080 Speaker 3: allegiance to this country? I feel no allegiance whatsoever to 81 00:04:51,120 --> 00:04:55,000 Speaker 3: the United Kingdom, or to Saudi Arabia, or to Australia, 82 00:04:55,120 --> 00:04:58,760 Speaker 3: or to China, or to Taiwan or Mexico. My allegiance 83 00:04:58,839 --> 00:05:03,120 Speaker 3: is to this country. Why do I have allegiance to 84 00:05:03,160 --> 00:05:08,360 Speaker 3: this country when I was born here? So this is 85 00:05:08,400 --> 00:05:11,880 Speaker 3: this is this is my birth soil. This is where 86 00:05:11,880 --> 00:05:16,159 Speaker 3: I was born. This is where you know, as far 87 00:05:16,200 --> 00:05:19,600 Speaker 3: back as I want to go genealogically, this is where 88 00:05:19,600 --> 00:05:26,080 Speaker 3: my family's from. My allegiance is because it's where I've 89 00:05:26,120 --> 00:05:29,640 Speaker 3: been educated. It's where I was raised, it was where 90 00:05:29,680 --> 00:05:33,440 Speaker 3: I was I learned, it's where I worked, It's where 91 00:05:33,640 --> 00:05:37,200 Speaker 3: everything that this nation has to offer me. To the 92 00:05:37,279 --> 00:05:39,719 Speaker 3: extent that I have been willing to put out, the 93 00:05:39,800 --> 00:05:43,599 Speaker 3: effort I have taken advantage of the opportunities that this 94 00:05:43,720 --> 00:05:47,839 Speaker 3: nation offers to its citizens, and I feel an allegiance 95 00:05:47,920 --> 00:05:53,479 Speaker 3: to it. I've studied this country's history, and based on 96 00:05:53,640 --> 00:05:57,279 Speaker 3: the history, which is not perfect, I mean a shocker, right, 97 00:05:58,040 --> 00:06:01,360 Speaker 3: We've made some really stupid mistakes, and we've done some 98 00:06:01,440 --> 00:06:07,599 Speaker 3: really dumb things, as has every other country and every 99 00:06:07,600 --> 00:06:10,440 Speaker 3: other individual saved the time that Jesus Christ was on 100 00:06:10,480 --> 00:06:14,560 Speaker 3: this earth, so have other people done some really stupid things, 101 00:06:14,600 --> 00:06:20,800 Speaker 3: made some really stupid mistakes. But nonetheless, whatever mistakes I've made, 102 00:06:21,680 --> 00:06:25,120 Speaker 3: this country has allowed me to recover from those mistakes. 103 00:06:25,760 --> 00:06:29,640 Speaker 3: And here I sit right now, here, I sit doing 104 00:06:29,680 --> 00:06:33,920 Speaker 3: something that many people only dream of doing. But I 105 00:06:33,960 --> 00:06:37,200 Speaker 3: was given the opportunity and I jumped on the opportunity. 106 00:06:37,440 --> 00:06:40,120 Speaker 3: And now, almost twenty years later, I'm sitting here doing 107 00:06:40,160 --> 00:06:41,560 Speaker 3: what I absolutely enjoyed. 108 00:06:41,680 --> 00:06:42,760 Speaker 1: Love doing. 109 00:06:44,320 --> 00:06:44,360 Speaker 4: It. 110 00:06:44,600 --> 00:06:49,600 Speaker 3: It drives some people, Baddy, because It've got some people 111 00:06:49,640 --> 00:06:53,200 Speaker 3: in my family baddy, because they're like, well, why don't 112 00:06:53,200 --> 00:06:55,200 Speaker 3: you clip? You know, you're an old fire, Why don't 113 00:06:55,200 --> 00:06:56,680 Speaker 3: you clip, Why don't you go home? Why don't you 114 00:06:56,720 --> 00:06:57,400 Speaker 3: go to New Mexico? 115 00:06:57,480 --> 00:06:57,720 Speaker 1: Right now? 116 00:06:58,000 --> 00:07:03,880 Speaker 3: No, I love what I do, and so my allegiance 117 00:07:03,920 --> 00:07:09,160 Speaker 3: is to the country that's given me these opportunities. Now, 118 00:07:09,240 --> 00:07:12,239 Speaker 3: if I decided that I wanted to retire and move 119 00:07:12,720 --> 00:07:16,720 Speaker 3: to where would I move to? Right, I don't want 120 00:07:16,720 --> 00:07:18,600 Speaker 3: to move to Taiwan because they're going to get invaded. 121 00:07:19,000 --> 00:07:21,680 Speaker 3: I might move to Japan. I was I was reading 122 00:07:21,760 --> 00:07:26,760 Speaker 3: some stuff about Japan recently, about the new prime minister 123 00:07:26,800 --> 00:07:30,640 Speaker 3: who is female, who is a Maga like person, who 124 00:07:30,680 --> 00:07:34,160 Speaker 3: is really trying to build up their own defenses, not 125 00:07:34,480 --> 00:07:37,960 Speaker 3: just for defensive purposes, but even for offensive purposes. That 126 00:07:38,160 --> 00:07:41,320 Speaker 3: it's it's it was an amazing election. And if you've 127 00:07:41,320 --> 00:07:45,440 Speaker 3: ever been to Japan, it's an amazing culture. It's got 128 00:07:45,480 --> 00:07:48,280 Speaker 3: its downsides, but it's got it has an amazing culture. 129 00:07:48,800 --> 00:07:50,960 Speaker 3: I'd have to learn to speak and write Japanese. I'm 130 00:07:50,960 --> 00:07:52,840 Speaker 3: not sure I'm willing to do that. But if I 131 00:07:52,840 --> 00:07:54,680 Speaker 3: if I had to pick a country, that might be 132 00:07:54,720 --> 00:07:59,200 Speaker 3: one country I would go to. I might go to Italy. 133 00:07:59,840 --> 00:08:03,480 Speaker 3: I have a friend who's a don't tell anybody this, 134 00:08:03,680 --> 00:08:07,640 Speaker 3: but he's a former member of the Cabal in BC 135 00:08:07,840 --> 00:08:10,760 Speaker 3: News as a matter of fact, who now has an 136 00:08:10,840 --> 00:08:14,960 Speaker 3: apartment in Turino. And I get pictures all the time 137 00:08:15,080 --> 00:08:17,640 Speaker 3: of his apartment in Torino that they bought dirt chieve 138 00:08:17,680 --> 00:08:20,120 Speaker 3: when they've remodeled, and they live there about six months 139 00:08:20,160 --> 00:08:22,440 Speaker 3: out of the year. I'm kind of envious of that. 140 00:08:22,800 --> 00:08:24,600 Speaker 3: But even if I did that, In fact, if I 141 00:08:24,640 --> 00:08:26,720 Speaker 3: reached out to him and said, who do you still 142 00:08:26,720 --> 00:08:29,520 Speaker 3: owe your allegiance to, it would be to this country. 143 00:08:29,680 --> 00:08:32,520 Speaker 3: It wouldn't be to Italy because that's more of just 144 00:08:32,600 --> 00:08:37,760 Speaker 3: kind of a retirement spot. It's this country. So back 145 00:08:37,800 --> 00:08:41,360 Speaker 3: to the citizenship clause, all persons born are naturalized in 146 00:08:41,360 --> 00:08:44,640 Speaker 3: the United States, and subject to the jurisdiction thereof are 147 00:08:44,679 --> 00:08:48,120 Speaker 3: citizens of the United States. So the lawyers, the dispute 148 00:08:48,120 --> 00:08:50,400 Speaker 3: that we're really talking about is the condition subject to 149 00:08:50,440 --> 00:08:53,480 Speaker 3: the jurisdiction. The words, as I said, are very spare 150 00:08:53,640 --> 00:08:58,559 Speaker 3: very short, but it does point to a really overriding 151 00:08:58,600 --> 00:09:00,880 Speaker 3: factor we don't often think about it, and that is 152 00:09:01,240 --> 00:09:08,000 Speaker 3: that citizenship follows allegiance. Do you think that the people 153 00:09:08,200 --> 00:09:13,200 Speaker 3: that come to this country illegally without authorization, and that, 154 00:09:14,200 --> 00:09:18,079 Speaker 3: let's use the words of the left, they take care 155 00:09:18,120 --> 00:09:21,120 Speaker 3: of our yards, they bag our groceries. Does anybody bag 156 00:09:21,120 --> 00:09:24,520 Speaker 3: groceries anymore? In anyway? This allegedly the left tells us 157 00:09:24,559 --> 00:09:28,760 Speaker 3: they bag our groceries or they do our housekeeping, which 158 00:09:28,800 --> 00:09:31,760 Speaker 3: is kind of interesting because the people. The woman that 159 00:09:31,800 --> 00:09:34,400 Speaker 3: takes care of our house a couple of times a 160 00:09:34,440 --> 00:09:39,240 Speaker 3: month for US is an American citizen and is a 161 00:09:39,520 --> 00:09:44,320 Speaker 3: retired white female. Her allegiance is to this country. But 162 00:09:44,440 --> 00:09:47,160 Speaker 3: let's take you know, the person you hire that's from 163 00:09:47,200 --> 00:09:50,360 Speaker 3: Peru or Colombia or somewhere else where's their allegiance because 164 00:09:50,400 --> 00:09:52,959 Speaker 3: what are they doing with the money they make? Oh, 165 00:09:53,040 --> 00:09:55,360 Speaker 3: they'll do their needs, they'll take care of their basic 166 00:09:55,440 --> 00:09:57,840 Speaker 3: needs here, but they also send a lot of that 167 00:09:57,880 --> 00:10:00,960 Speaker 3: money back in remittances back to their family that's still 168 00:10:01,000 --> 00:10:04,240 Speaker 3: in Columbia, Peru, Mexico, or wherever. There's not really that 169 00:10:04,640 --> 00:10:07,600 Speaker 3: allegiance to this country. They're here first, they're here for 170 00:10:07,600 --> 00:10:12,160 Speaker 3: the money. They're here for the money. So go back 171 00:10:12,200 --> 00:10:16,679 Speaker 3: to the question that was presented when Trump signed executive 172 00:10:16,880 --> 00:10:21,359 Speaker 3: Hang on a second, I apologize. I hate these computers 173 00:10:23,520 --> 00:10:26,120 Speaker 3: blogs me out, so I don't know where I am, 174 00:10:26,120 --> 00:10:29,480 Speaker 3: not my computer, the iHeart computers. Let's go back to 175 00:10:29,520 --> 00:10:34,640 Speaker 3: Trump's executive order one four one six zero. The question 176 00:10:34,720 --> 00:10:37,600 Speaker 3: that is presented by that executive order is whether a 177 00:10:37,840 --> 00:10:44,040 Speaker 3: birth that occurs while both parents lack any lawful and 178 00:10:44,160 --> 00:10:47,640 Speaker 3: let's say a durable, a durable tie to this country 179 00:10:48,400 --> 00:10:52,240 Speaker 3: satisfies the condition of being subject to the jurisdiction thereof. 180 00:10:53,679 --> 00:10:57,679 Speaker 3: When you look at the text, when you look at 181 00:10:57,679 --> 00:11:00,640 Speaker 3: the history of the fourteenth Amendment, and you look at 182 00:11:00,640 --> 00:11:03,240 Speaker 3: the structure of the paragraph as it's written, the answer 183 00:11:03,280 --> 00:11:07,360 Speaker 3: has to be no, it's not. Let's go through the text. 184 00:11:08,400 --> 00:11:13,040 Speaker 3: If the Framers meant, for example, that every birth that 185 00:11:13,120 --> 00:11:23,040 Speaker 3: occurs on American soil confers citizenship, then that phrase subject 186 00:11:23,080 --> 00:11:30,480 Speaker 3: to the jurisdiction thereof would truly be unnecessary. It would 187 00:11:30,520 --> 00:11:32,040 Speaker 3: be superfluous. 188 00:11:33,480 --> 00:11:34,040 Speaker 1: It would be. 189 00:11:35,880 --> 00:11:40,400 Speaker 3: Adios. You ever heard the odios is an adjutive. It 190 00:11:40,480 --> 00:11:45,480 Speaker 3: would serve no practical purpose, It would serve no practical result. 191 00:11:46,240 --> 00:11:46,880 Speaker 1: Adios. 192 00:11:48,960 --> 00:11:52,440 Speaker 3: For example, the Framers, the family fathers, didn't say that 193 00:11:52,480 --> 00:11:56,719 Speaker 3: all persons born in the United States are citizens. They 194 00:11:56,760 --> 00:12:00,560 Speaker 3: said that they're they're they're born here, and they're subject 195 00:12:00,559 --> 00:12:04,480 Speaker 3: to the jurisdiction here. When you go back and you 196 00:12:04,559 --> 00:12:09,240 Speaker 3: read the debates and you study what was behind the 197 00:12:09,320 --> 00:12:13,600 Speaker 3: adoption of the Fourteenth Amendment, you'll find someone by the 198 00:12:13,640 --> 00:12:18,040 Speaker 3: name of Senator Lyman Trumbull. His goss at the time 199 00:12:18,160 --> 00:12:22,440 Speaker 3: was crisp being subject to the jurisdiction meant not owing 200 00:12:22,480 --> 00:12:27,319 Speaker 3: allegiance to anyone else and being under the complete jurisdiction 201 00:12:27,360 --> 00:12:31,480 Speaker 3: of the United States. Then they adopted the eighteen sixty 202 00:12:31,520 --> 00:12:34,000 Speaker 3: six Civil Rights Act, which used. 203 00:12:33,800 --> 00:12:35,000 Speaker 1: Nearly the same formula. 204 00:12:35,120 --> 00:12:38,680 Speaker 3: All persons born in the United States and not subject 205 00:12:38,720 --> 00:12:44,400 Speaker 3: to any foreign power, excluding Indians not taxed, are citizens. 206 00:12:46,040 --> 00:12:52,400 Speaker 3: So the drafters considered the phrases to be equivalent. Senator 207 00:12:52,480 --> 00:12:58,080 Speaker 3: Jacob Howard, who introduced the clause subject to the jurisdiction thereof, 208 00:12:59,400 --> 00:13:05,239 Speaker 3: describe it its scope as excluding the children of foreigners, aliens, 209 00:13:05,640 --> 00:13:08,160 Speaker 3: and families of ambassadors or ministers. 210 00:13:09,679 --> 00:13:10,560 Speaker 1: Senator ROVERTI. 211 00:13:10,679 --> 00:13:14,200 Speaker 3: Johnson agreed, and he tied jurisdiction to allegiance to the 212 00:13:14,280 --> 00:13:18,520 Speaker 3: United States at birth. Congressman John Bingham had early had 213 00:13:18,559 --> 00:13:21,400 Speaker 3: earlier in the in the debates over the Fourteenth Amendment, 214 00:13:21,559 --> 00:13:25,320 Speaker 3: smarized exactly the same idea that citizenship attaches to those 215 00:13:25,440 --> 00:13:31,640 Speaker 3: born here of parents not owing allegiance to a foreign sovereignty. 216 00:13:31,679 --> 00:13:33,959 Speaker 3: If you think back through everything that I've just said, 217 00:13:34,240 --> 00:13:39,840 Speaker 3: what is the theme through all of that allegiance not 218 00:13:40,080 --> 00:13:44,199 Speaker 3: geography by itself subject to the jurisdiction thereof. 219 00:13:45,840 --> 00:13:50,920 Speaker 1: It's allegiance. It's not geography. I've read. 220 00:13:51,240 --> 00:13:55,559 Speaker 3: I've heard that some people think that, oh, those statements 221 00:13:55,559 --> 00:14:00,920 Speaker 3: are stray remarks. Well they were not. They weren't stray 222 00:14:01,000 --> 00:14:03,880 Speaker 3: they weren't just you know, people were writing, and you know, 223 00:14:04,200 --> 00:14:07,200 Speaker 3: you know how lawyers tend to be. I'm not saying 224 00:14:07,240 --> 00:14:10,200 Speaker 3: they were all lawyers, but as I mean, lunched with 225 00:14:11,240 --> 00:14:14,679 Speaker 3: a former and returning client yesterday and we were making 226 00:14:14,960 --> 00:14:17,560 Speaker 3: lawyer jokes, which they tend to do when I'm around, 227 00:14:18,800 --> 00:14:22,400 Speaker 3: and I had made a comment about how I had 228 00:14:22,960 --> 00:14:28,240 Speaker 3: redlined a certain document that had been passed on to 229 00:14:28,320 --> 00:14:31,000 Speaker 3: me to review. And they were laughing, because well, that's 230 00:14:31,040 --> 00:14:32,880 Speaker 3: what lawyers do. They look at a document they got 231 00:14:32,920 --> 00:14:35,200 Speaker 3: to change something. And I said, well, I looked at 232 00:14:35,200 --> 00:14:38,160 Speaker 3: the document and I was putting it as if though 233 00:14:38,400 --> 00:14:40,600 Speaker 3: I had written it. So if you don't want me 234 00:14:40,640 --> 00:14:43,000 Speaker 3: to redline it, don't ask me to look at a document, 235 00:14:43,400 --> 00:14:46,080 Speaker 3: because I'll tell you what I think about it, and 236 00:14:46,120 --> 00:14:49,640 Speaker 3: I'll write it the way I would have written it. Well, 237 00:14:49,680 --> 00:14:53,040 Speaker 3: that's kind of what happened here, Except what they did 238 00:14:53,120 --> 00:14:57,720 Speaker 3: was they matched the clauses moral purpose. After the Civil War, 239 00:14:57,760 --> 00:15:01,040 Speaker 3: Congress wanted to secure citizenship for the slaves who had 240 00:15:01,040 --> 00:15:05,480 Speaker 3: been freed, the freedmen, those who were born here and 241 00:15:05,640 --> 00:15:11,080 Speaker 3: owed allegiance here. Yet they had been denied membership because 242 00:15:11,160 --> 00:15:15,320 Speaker 3: of the politics of the time. So the goal of 243 00:15:15,360 --> 00:15:21,080 Speaker 3: the framers of the fourteenth Amendment, the goal was to 244 00:15:21,280 --> 00:15:26,640 Speaker 3: lock in the citizenship of those who already belonged. It 245 00:15:26,760 --> 00:15:30,320 Speaker 3: was not broader. It was not to invite the world 246 00:15:30,680 --> 00:15:34,600 Speaker 3: to secure automatic membership by just happening to be born here. 247 00:15:36,000 --> 00:15:40,200 Speaker 3: That is why the jurisdictional language mattered. It channeled the 248 00:15:40,280 --> 00:15:45,440 Speaker 3: clauses guaranteed to those truly under American authority at birth 249 00:15:47,320 --> 00:15:56,760 Speaker 3: and early judicial decisions, expositions, discussions, dicta, whatever followed suit. 250 00:15:56,800 --> 00:16:01,040 Speaker 3: The Supreme Court in the slaughter House cases read the 251 00:16:01,120 --> 00:16:04,200 Speaker 3: clause as yes, it does exclude the children of ministers. 252 00:16:04,400 --> 00:16:07,960 Speaker 3: It excludes the children of consuls or citizens or subjects 253 00:16:08,040 --> 00:16:13,640 Speaker 3: of foreign states. In a case Elk versus Wilkins, that 254 00:16:13,840 --> 00:16:19,400 Speaker 3: case denied birth citizenship to a Native American who was 255 00:16:19,440 --> 00:16:23,320 Speaker 3: born on US territory on the ground that at birth 256 00:16:23,480 --> 00:16:27,040 Speaker 3: he owed allegiance to his tribe, which at the time 257 00:16:27,200 --> 00:16:33,280 Speaker 3: was a distinct sovereign nation. Do you get the distinction. 258 00:16:35,320 --> 00:16:37,520 Speaker 3: Someone that we think of is as oh, wait a minute, 259 00:16:37,600 --> 00:16:41,360 Speaker 3: Native Americans. Why I hate the phrase native American. A 260 00:16:41,440 --> 00:16:46,360 Speaker 3: Native American an Indian born on US territory. They said, 261 00:16:46,440 --> 00:16:49,960 Speaker 3: you know, you're not a citizen because. 262 00:16:49,600 --> 00:16:51,200 Speaker 1: You were owed. 263 00:16:51,440 --> 00:16:56,600 Speaker 3: You were born on US territorial soil, but you belonged 264 00:16:56,640 --> 00:17:02,880 Speaker 3: to a tribe that had its own sovereignty. Now, that 265 00:17:02,960 --> 00:17:06,040 Speaker 3: led Congress to later in act the Indian Citizenship Act 266 00:17:06,320 --> 00:17:07,640 Speaker 3: back in nineteen twenty four. 267 00:17:08,040 --> 00:17:08,520 Speaker 5: What was the. 268 00:17:08,480 --> 00:17:10,160 Speaker 1: Purpose of that? 269 00:17:10,160 --> 00:17:14,080 Speaker 3: That was because Congress looked at Elk versus Wilkins and said, oh, yeah, 270 00:17:14,440 --> 00:17:20,240 Speaker 3: that's right. They were born to sovereign tribes, the Cherokee. 271 00:17:20,400 --> 00:17:22,960 Speaker 3: What do refer to the Cherokee Tribes Act? The tribe 272 00:17:23,000 --> 00:17:26,520 Speaker 3: as Have you ever thought about that? I have maps 273 00:17:26,520 --> 00:17:33,239 Speaker 3: of the Cherokee Nation, antique maps that are showing the 274 00:17:33,359 --> 00:17:38,960 Speaker 3: Cherokee Nation in Oklahoma because it was a sovereign tribe. 275 00:17:39,840 --> 00:17:42,880 Speaker 3: That's what the Indian Citizenship Act in nineteen twenty four 276 00:17:42,960 --> 00:17:45,119 Speaker 3: did was to say, wait a minute, we're going to 277 00:17:45,200 --> 00:17:50,560 Speaker 3: give those Native Americans US citizenship. Hey, le just go 278 00:17:50,600 --> 00:17:53,399 Speaker 3: talk to Gary over the Retirement Planning Center of the Rockies. 279 00:17:53,440 --> 00:17:53,680 Speaker 1: Gary. 280 00:17:53,720 --> 00:17:57,520 Speaker 4: How you doing, Hey, good morning, Michael, I'm doing well. 281 00:17:57,520 --> 00:17:58,600 Speaker 4: How about you doing? 282 00:17:58,640 --> 00:18:01,719 Speaker 3: Well, so you know, I I know that retirement planning 283 00:18:01,800 --> 00:18:04,159 Speaker 3: is a really kind of personal thing that people do 284 00:18:04,200 --> 00:18:07,160 Speaker 3: because it involves your money and what you've been able 285 00:18:07,240 --> 00:18:10,479 Speaker 3: or unable, you know, to save everything else. So I've 286 00:18:10,520 --> 00:18:13,640 Speaker 3: got kind of an odd ball question for you. 287 00:18:13,280 --> 00:18:14,040 Speaker 1: What do you want? 288 00:18:14,800 --> 00:18:18,439 Speaker 3: What do you hope people feel after they come and 289 00:18:18,520 --> 00:18:19,159 Speaker 3: visit with you? 290 00:18:19,240 --> 00:18:25,520 Speaker 4: Guys, You know, it's that's really important to think about. 291 00:18:26,160 --> 00:18:28,159 Speaker 4: I'll tell you there's four or five things that I 292 00:18:28,200 --> 00:18:32,440 Speaker 4: think are crucial as we engage and work with good people. 293 00:18:33,760 --> 00:18:36,240 Speaker 4: The first thing that will always be that I hope 294 00:18:36,240 --> 00:18:40,399 Speaker 4: they feel like their time was well spent, that we 295 00:18:40,480 --> 00:18:42,560 Speaker 4: didn't waste their time, and that they were in a 296 00:18:42,600 --> 00:18:45,520 Speaker 4: position where we were able to listen and help them 297 00:18:45,720 --> 00:18:50,000 Speaker 4: in the ways that we possibly could. Along with that, Michael, 298 00:18:50,080 --> 00:18:53,320 Speaker 4: I hope that folks feel like we've listened to the 299 00:18:53,400 --> 00:18:57,320 Speaker 4: things that they're concerned about. You know, this isn't our 300 00:18:57,400 --> 00:19:00,800 Speaker 4: plan as we build and use our Summer Retirement Guy 301 00:19:00,920 --> 00:19:04,200 Speaker 4: five peak process. This is designed to help these clients 302 00:19:05,640 --> 00:19:07,719 Speaker 4: deal with the things they've had to deal with, the 303 00:19:07,760 --> 00:19:09,160 Speaker 4: things they worry about every. 304 00:19:09,040 --> 00:19:10,639 Speaker 1: Day as they approach retirement. 305 00:19:11,920 --> 00:19:15,480 Speaker 4: Probably one of the most important things is we always 306 00:19:15,760 --> 00:19:17,200 Speaker 4: hope that people know. 307 00:19:17,240 --> 00:19:18,560 Speaker 1: They can trust us. 308 00:19:19,400 --> 00:19:22,240 Speaker 4: I would much rather have people trust me than love me, 309 00:19:23,359 --> 00:19:27,280 Speaker 4: and I really believe that's important, and we believe they'll 310 00:19:27,280 --> 00:19:29,680 Speaker 4: love us too. But at the same time, there has 311 00:19:29,760 --> 00:19:33,480 Speaker 4: to be this relationship of trust and. 312 00:19:33,400 --> 00:19:36,639 Speaker 3: I can vouch for that because, if anything, you guys 313 00:19:36,640 --> 00:19:40,159 Speaker 3: are trustworthy because it's just the way you do business. 314 00:19:41,480 --> 00:19:43,960 Speaker 4: Well, yeah, we're not going to horse around. I've been 315 00:19:44,000 --> 00:19:46,280 Speaker 4: doing this for over fifty years and my family name 316 00:19:46,359 --> 00:19:49,560 Speaker 4: is on this, and believe me, my sons and those 317 00:19:49,560 --> 00:19:52,000 Speaker 4: people that work with us, We're going to make sure 318 00:19:52,040 --> 00:19:54,239 Speaker 4: that we take care of people and we're honest with them. 319 00:19:54,280 --> 00:19:56,880 Speaker 4: I'll tell them the truth even when it hurts, and 320 00:19:57,600 --> 00:20:00,520 Speaker 4: we're just going to do it that way. The other thing, 321 00:20:00,560 --> 00:20:02,640 Speaker 4: of course, is we want to make sure they understand 322 00:20:02,680 --> 00:20:06,800 Speaker 4: they've got a well designed, comprehensive plan that will allow 323 00:20:06,880 --> 00:20:09,240 Speaker 4: them to enjoy retirement. And the thing we how we 324 00:20:09,359 --> 00:20:12,960 Speaker 4: teach our clients Michael is listen, things will be okay, 325 00:20:13,000 --> 00:20:15,480 Speaker 4: and we want you to do what we call the 326 00:20:15,480 --> 00:20:18,000 Speaker 4: Swan approach. We want to make sure our clients can 327 00:20:18,119 --> 00:20:21,679 Speaker 4: sleep well at night, you know, because nothing else matters. 328 00:20:21,240 --> 00:20:25,080 Speaker 4: If this causes you unrest and concern. And I have 329 00:20:25,160 --> 00:20:27,399 Speaker 4: clients that call me all the time and just say, Gary, 330 00:20:27,400 --> 00:20:28,840 Speaker 4: can I still sleep well at night? 331 00:20:28,840 --> 00:20:33,640 Speaker 1: And I say, yes, she can go back to bed. 332 00:20:33,720 --> 00:20:35,440 Speaker 1: You're okay, You're okay. 333 00:20:36,160 --> 00:20:39,720 Speaker 4: It's like one client I have, I said a little 334 00:20:39,720 --> 00:20:43,080 Speaker 4: thing to stick on a wall that says it says, 335 00:20:43,200 --> 00:20:44,480 Speaker 4: Jan you'll be okay. 336 00:20:44,920 --> 00:20:46,720 Speaker 1: Yeah, yeah, Well. 337 00:20:46,960 --> 00:20:48,840 Speaker 3: And I think that gets back to the whole trust 338 00:20:48,880 --> 00:20:51,720 Speaker 3: thing that I think once they go through the process 339 00:20:51,800 --> 00:20:54,800 Speaker 3: with you guys, and they see exactly how you treat 340 00:20:54,880 --> 00:20:58,520 Speaker 3: them as individuals, how you tell them the truth and 341 00:20:58,560 --> 00:21:03,120 Speaker 3: then how you I hope they walk away thinking to themselves, oh, 342 00:21:03,160 --> 00:21:05,960 Speaker 3: you know what I heard Gary Mike talking about that, 343 00:21:06,280 --> 00:21:08,520 Speaker 3: and I can sleep well at night. Now, that doesn't 344 00:21:08,520 --> 00:21:11,000 Speaker 3: mean that, you know, something happens in the market or 345 00:21:11,000 --> 00:21:13,000 Speaker 3: something happens in the world and they wake up and 346 00:21:13,000 --> 00:21:15,320 Speaker 3: they're worried about it. That's going to happen to all 347 00:21:15,359 --> 00:21:18,239 Speaker 3: of us. But you can tell them, yeah, you can 348 00:21:18,280 --> 00:21:19,040 Speaker 3: still sleep. Yeah. 349 00:21:19,040 --> 00:21:21,359 Speaker 4: And the beautiful thing is something does happen in the market, 350 00:21:21,440 --> 00:21:23,960 Speaker 4: guess what, We've built a plan that's still going to 351 00:21:24,040 --> 00:21:25,600 Speaker 4: generate and guarantee their income. 352 00:21:25,640 --> 00:21:27,880 Speaker 1: And that's the main thing. Yeah, people worry about. 353 00:21:27,760 --> 00:21:29,679 Speaker 3: So it's really not that slay of a question after all. 354 00:21:29,680 --> 00:21:32,800 Speaker 3: It really is about individual treatment and trust and all 355 00:21:32,840 --> 00:21:38,160 Speaker 3: of that. Yes, absolutely well, listen, if you guys, if 356 00:21:38,160 --> 00:21:40,840 Speaker 3: anybody out there is you know, as I always say, 357 00:21:41,160 --> 00:21:43,960 Speaker 3: you've just started your first job, you're halfway through your career, 358 00:21:44,280 --> 00:21:46,520 Speaker 3: or you're just even just thinking about retirement or actually 359 00:21:46,600 --> 00:21:49,760 Speaker 3: in retirement, whatever your circumstances are, I want you to 360 00:21:49,800 --> 00:21:52,520 Speaker 3: call Gary and his team right now. Don't put it off, 361 00:21:52,840 --> 00:21:58,679 Speaker 3: because the longer you put it off, that's a mistake 362 00:21:58,760 --> 00:22:01,120 Speaker 3: right there. So don't put it off any longer. Call 363 00:22:01,200 --> 00:22:03,760 Speaker 3: him today, tell them Michael brown sents you nine seven 364 00:22:03,880 --> 00:22:07,600 Speaker 3: zero six six three thirty two eleven. Nine seven zero 365 00:22:07,760 --> 00:22:10,520 Speaker 3: sixty six three thirty two eleven, or go check out 366 00:22:10,560 --> 00:22:14,680 Speaker 3: Gary and the entire team on the website rpcenter dot com. 367 00:22:14,880 --> 00:22:21,720 Speaker 3: Back to birthright citizenship, This whole idea that you can 368 00:22:21,760 --> 00:22:24,080 Speaker 3: only read it one way, and I get it. The 369 00:22:24,200 --> 00:22:26,520 Speaker 3: lawyers are going to disagree with me. Lawyers, you know, 370 00:22:29,000 --> 00:22:31,639 Speaker 3: how do you keep a lawyer from speaking? Tie one 371 00:22:31,680 --> 00:22:33,880 Speaker 3: of his hands behind his back because he can't say. Well, 372 00:22:33,920 --> 00:22:40,280 Speaker 3: on the other hand, go back to the history. In 373 00:22:40,359 --> 00:22:45,480 Speaker 3: the Elk case, the Supreme Court denied citizenship to an 374 00:22:45,480 --> 00:22:49,200 Speaker 3: Indian it was born on US soil, on the ground 375 00:22:49,280 --> 00:22:52,679 Speaker 3: that he at birth, his allegiance was to his tribe, 376 00:22:53,040 --> 00:22:58,320 Speaker 3: because that tribe had distinct sovereignty. That's what led Congress 377 00:22:58,359 --> 00:23:01,720 Speaker 3: to enact the Indian Citizenship Act in nineteen twenty four, 378 00:23:02,440 --> 00:23:04,960 Speaker 3: which said, even though you may be a member of 379 00:23:04,960 --> 00:23:09,480 Speaker 3: the Cherokee Nation, you are now a citizen of the 380 00:23:09,560 --> 00:23:16,840 Speaker 3: United States. And then what did remember that's Congress, that's 381 00:23:17,280 --> 00:23:21,320 Speaker 3: article one. Well, what did article two? The presidency do? 382 00:23:21,720 --> 00:23:25,800 Speaker 3: What did the executive branch do after that? Well, their 383 00:23:25,880 --> 00:23:31,800 Speaker 3: practice is tracked that understanding. For example, Secretaries of State 384 00:23:32,320 --> 00:23:37,480 Speaker 3: Frelingheisen and Thomas Bayard, they declined to treat certain US 385 00:23:37,600 --> 00:23:42,760 Speaker 3: born children of transient foreign nationals as citizens. And they 386 00:23:42,840 --> 00:23:47,920 Speaker 3: did so and explained that births under circumstances implying alien 387 00:23:48,040 --> 00:23:55,199 Speaker 3: subjection doesn't create citizenship by force of the Constitution alone. 388 00:23:55,480 --> 00:23:59,360 Speaker 3: Now that's in the formative stages of the Elks Decision 389 00:23:59,840 --> 00:24:04,480 Speaker 3: and the Indian Citizenship Act. So in those formative years, 390 00:24:05,119 --> 00:24:10,840 Speaker 3: jurisdiction subject to the jurisdiction thereof meant more than an 391 00:24:10,920 --> 00:24:15,879 Speaker 3: accident of place. It meant allegiance, and that was often 392 00:24:16,040 --> 00:24:19,400 Speaker 3: indexed by the parents standing. And what do I mean 393 00:24:19,440 --> 00:24:22,840 Speaker 3: by that? Well, what was their domicile? What was their 394 00:24:22,920 --> 00:24:32,760 Speaker 3: permission to remain here? That's the historical concept context. You've 395 00:24:32,800 --> 00:24:36,160 Speaker 3: heard me mention the Supreme Court case of Wong kim Arc. 396 00:24:37,720 --> 00:24:40,840 Speaker 3: Many think that that's the end all and be all 397 00:24:40,920 --> 00:24:42,080 Speaker 3: of Supreme Court cases. 398 00:24:42,160 --> 00:24:42,600 Speaker 1: It is not. 399 00:24:43,960 --> 00:24:49,080 Speaker 3: What happened in the Wog kim Arc case, simply put, 400 00:24:49,320 --> 00:24:54,760 Speaker 3: is that a child born in San Francisco to Chinese 401 00:24:54,800 --> 00:25:00,520 Speaker 3: subjects whose parents were lawfully and permanently domicide in the 402 00:25:00,600 --> 00:25:05,360 Speaker 3: United States was a citizen. And if you read through 403 00:25:05,359 --> 00:25:07,440 Speaker 3: the entire of the opinion, which I would encourage you 404 00:25:07,520 --> 00:25:13,119 Speaker 3: to do, it repeatedly emphasized that the parents were resident 405 00:25:13,240 --> 00:25:16,359 Speaker 3: aliens with an established. 406 00:25:15,760 --> 00:25:19,920 Speaker 1: And permanent domicile. That fact matters. 407 00:25:20,960 --> 00:25:25,399 Speaker 3: Because the Court went on to very specifically note the 408 00:25:25,520 --> 00:25:32,480 Speaker 3: traditional exceptions for diplomats or hostile occupiers, and it did 409 00:25:32,520 --> 00:25:35,880 Speaker 3: not consider, let alone decide, the case of children born 410 00:25:35,920 --> 00:25:39,239 Speaker 3: to those here unlawfully or those who were here on 411 00:25:39,280 --> 00:25:43,960 Speaker 3: a transient basis just here briefly. So to extend long 412 00:25:44,119 --> 00:25:50,439 Speaker 3: beyond its facts is to convert a carefully tightly held 413 00:25:50,640 --> 00:25:56,320 Speaker 3: case about children of lawful, permanent residents into an unwritten 414 00:25:56,400 --> 00:26:03,359 Speaker 3: rule for every newborn, regardless of the status. Do you 415 00:26:03,400 --> 00:26:08,879 Speaker 3: get the distinction? So, if you read the Wong case, 416 00:26:09,600 --> 00:26:13,600 Speaker 3: like those who are opposed to birthright citizenship would argue, 417 00:26:13,840 --> 00:26:17,480 Speaker 3: they would argue that, oh, because you are here and 418 00:26:17,520 --> 00:26:21,920 Speaker 3: the parents are domiciled here, and they are lawfully here, 419 00:26:22,040 --> 00:26:27,320 Speaker 3: albeit temporarily, the child born here is automatically a citizen. No, 420 00:26:28,320 --> 00:26:32,040 Speaker 3: not correct. The majority did not write such a rule, 421 00:26:32,520 --> 00:26:36,679 Speaker 3: and the dissent actually warned against that. Read correctly, Wong 422 00:26:36,880 --> 00:26:41,080 Speaker 3: is entirely consistent with the view that parental domicile and 423 00:26:41,119 --> 00:26:45,560 Speaker 3: permission to remain are central to jurisdiction in the constitutional sense. 424 00:26:47,920 --> 00:26:53,240 Speaker 3: Think about the structure, just the structure now, before let's 425 00:26:53,240 --> 00:26:56,240 Speaker 3: do this, let's go back to some commentary. This comes 426 00:26:56,240 --> 00:27:00,200 Speaker 3: from c Span. I just want you to hear this 427 00:27:00,240 --> 00:27:01,440 Speaker 3: before going to the structure. 428 00:27:01,600 --> 00:27:03,399 Speaker 6: Well, let you know, if your guests knows what the 429 00:27:03,520 --> 00:27:07,920 Speaker 6: Chinese maternity house is, their houses where the Chinese government 430 00:27:08,000 --> 00:27:11,080 Speaker 6: takes citizens that when they're in their seven to range months, 431 00:27:11,320 --> 00:27:13,240 Speaker 6: they ship them here for a month, they let them 432 00:27:13,280 --> 00:27:16,040 Speaker 6: have their children, and then once they have their children, 433 00:27:16,080 --> 00:27:19,760 Speaker 6: they take them back to China where now they're US citizens. 434 00:27:20,560 --> 00:27:23,040 Speaker 6: But they're raised in China, they're loyal to China. We 435 00:27:23,200 --> 00:27:26,600 Speaker 6: know they're doing it, but they're still getting away with it. 436 00:27:27,119 --> 00:27:29,360 Speaker 6: And on the other one, with that two year old kid, 437 00:27:29,440 --> 00:27:31,320 Speaker 6: I noticed how when you read the thing that the 438 00:27:31,440 --> 00:27:35,840 Speaker 6: daughter was from the two year old where the baby, 439 00:27:36,320 --> 00:27:38,960 Speaker 6: the baby was here. We kept her here because the 440 00:27:39,040 --> 00:27:42,399 Speaker 6: mother was from Trenda al Agua. And why would we 441 00:27:42,440 --> 00:27:44,119 Speaker 6: send a baby back with a mother like that? 442 00:27:45,280 --> 00:27:49,879 Speaker 5: Thank you well, I distracted the ladder. It's just my opinion. 443 00:27:49,880 --> 00:27:53,439 Speaker 5: A mother is still a mother. Be a bad person, 444 00:27:53,520 --> 00:27:56,280 Speaker 5: but still a mother. And you know, unless they're engaging 445 00:27:56,280 --> 00:28:00,280 Speaker 5: in active child abuse, she's still a mother, you know. 446 00:28:00,359 --> 00:28:04,359 Speaker 5: With respect to your first comment, yes, there is a 447 00:28:04,400 --> 00:28:10,040 Speaker 5: birth tourism industry where people will pay to come to 448 00:28:10,400 --> 00:28:14,200 Speaker 5: our shores in their seventh or eighth month of pregnancy, 449 00:28:14,200 --> 00:28:16,919 Speaker 5: when it's still relatively safe to travel, and they will 450 00:28:17,000 --> 00:28:19,800 Speaker 5: then stay in hospitals until they give birth, and they 451 00:28:19,800 --> 00:28:22,920 Speaker 5: will go back into their countries. And there are certainly 452 00:28:23,119 --> 00:28:25,840 Speaker 5: evidence out there that there are some countries surprised me 453 00:28:25,880 --> 00:28:28,520 Speaker 5: if who was China, that are in fact sending people 454 00:28:28,560 --> 00:28:31,840 Speaker 5: here to give birth so that at some point they 455 00:28:31,920 --> 00:28:33,960 Speaker 5: can take those children who have been living back in 456 00:28:34,040 --> 00:28:38,240 Speaker 5: China for many, many years and bring them back to 457 00:28:38,280 --> 00:28:41,239 Speaker 5: the United States and then claim that they are that 458 00:28:41,240 --> 00:28:42,840 Speaker 5: the people that are coming back to the United States 459 00:28:42,840 --> 00:28:45,200 Speaker 5: are in fact US citizens by dint of the fact. 460 00:28:44,960 --> 00:28:46,160 Speaker 6: That they were born on our shores. 461 00:28:46,400 --> 00:28:49,400 Speaker 5: I believe it is exactly abuses like that, among many, 462 00:28:50,200 --> 00:28:52,640 Speaker 5: that led President Trump to enter the executive order that 463 00:28:52,680 --> 00:28:53,080 Speaker 5: he did. 464 00:28:53,600 --> 00:28:58,680 Speaker 3: There's some the Heritage Foundation. Now moving on to the structure, 465 00:29:00,680 --> 00:29:04,720 Speaker 3: think about the clause of structure. The Constitution uses jurisdiction 466 00:29:04,920 --> 00:29:08,440 Speaker 3: in a demanding way. It's not a synonym for physical 467 00:29:08,440 --> 00:29:12,000 Speaker 3: control at any given moment. It is a relation of 468 00:29:12,120 --> 00:29:17,960 Speaker 3: rightful governance and reciprocal obligation. People temporarily present are physically 469 00:29:18,000 --> 00:29:22,680 Speaker 3: within the sovereign's reach. In other words, you're on American soil, 470 00:29:22,920 --> 00:29:26,440 Speaker 3: but you're a French citizen and you commit a crime, 471 00:29:27,080 --> 00:29:30,480 Speaker 3: you are subject to the criminal You're subject to the 472 00:29:30,800 --> 00:29:35,240 Speaker 3: criminal laws of this country. Yet that French citizens, their 473 00:29:35,280 --> 00:29:42,600 Speaker 3: allegiance remains elsewhere. So the Congress during reconstruction understood that distinction, 474 00:29:43,240 --> 00:29:46,200 Speaker 3: and they wrote the text to capture that distinction. A 475 00:29:46,240 --> 00:29:49,200 Speaker 3: baby born to two tourists leaves the hospital with a 476 00:29:49,240 --> 00:29:55,480 Speaker 3: passport to the parents' nation, because allegiance follows parentage, which 477 00:29:55,520 --> 00:29:58,280 Speaker 3: is where the domicile does not tie the family to 478 00:29:58,320 --> 00:30:02,440 Speaker 3: the US. So born, for example, to a diplomat is 479 00:30:03,200 --> 00:30:08,680 Speaker 3: a stereotypical case. The diplomat is unquestionably within US territory 480 00:30:09,000 --> 00:30:12,320 Speaker 3: and subject to some local laws, subject to some jurisdiction. 481 00:30:12,720 --> 00:30:16,640 Speaker 3: Yet everyone concedes that a child born in that household 482 00:30:17,000 --> 00:30:20,640 Speaker 3: is not a citizen at birth. Why because the clause 483 00:30:21,080 --> 00:30:27,360 Speaker 3: is about membership. It's not about latitude or longitude. It's 484 00:30:27,440 --> 00:30:32,960 Speaker 3: not about where you were born. It's about where your allegiance. 485 00:30:32,440 --> 00:30:37,200 Speaker 7: Is a term native, and that's kind of a loaded term. 486 00:30:37,520 --> 00:30:39,520 Speaker 7: I just I kind of wonder sometimes what does it 487 00:30:39,560 --> 00:30:42,080 Speaker 7: really mean to be Native? How does that differ from 488 00:30:42,200 --> 00:30:46,240 Speaker 7: I don't know, aboriginal. I was born in Montana, therefore 489 00:30:46,240 --> 00:30:50,360 Speaker 7: I'm a Native Montana correct, Well, what does that mean? 490 00:30:51,080 --> 00:30:51,560 Speaker 1: I don't know. 491 00:30:51,600 --> 00:30:53,880 Speaker 7: Can you help me define that? 492 00:30:55,480 --> 00:30:56,880 Speaker 1: Well, no, I can't. 493 00:30:57,760 --> 00:31:02,280 Speaker 3: But it's used in it's used as part of the 494 00:31:02,320 --> 00:31:07,480 Speaker 3: whole concept of identity politics. We can no longer say 495 00:31:07,520 --> 00:31:11,560 Speaker 3: that you're an Indian because somehow that's become majority. My 496 00:31:11,640 --> 00:31:14,240 Speaker 3: grandfather was always quite proud of the fact that he 497 00:31:14,320 --> 00:31:17,680 Speaker 3: was a Cherokee, Indian. I don't get why now we 498 00:31:17,760 --> 00:31:20,960 Speaker 3: have to say native American? Who is a Native American? 499 00:31:21,000 --> 00:31:24,080 Speaker 3: What is a Native American? What's a Native Montana? It's 500 00:31:24,160 --> 00:31:28,000 Speaker 3: like it's like in Colorado. You know, everybody, you know, 501 00:31:29,520 --> 00:31:32,520 Speaker 3: everyone likes to claim that they are not everybody else. 502 00:31:32,640 --> 00:31:34,480 Speaker 3: Lots of people like to claim that they are Native 503 00:31:34,480 --> 00:31:39,520 Speaker 3: Colorado's Well, does that mean that you've been here since birth? 504 00:31:40,920 --> 00:31:43,560 Speaker 3: Or does that mean that you were born here but 505 00:31:43,600 --> 00:31:46,680 Speaker 3: then moved away and then came back. Does it mean 506 00:31:46,680 --> 00:31:48,800 Speaker 3: that you've been here for thirty plus years or longer. 507 00:31:49,640 --> 00:31:53,800 Speaker 3: It's just a meaningless phrase that somehow gives you some 508 00:31:53,840 --> 00:31:58,560 Speaker 3: sort of I don't know, monarchical status, some sort of 509 00:31:58,600 --> 00:32:03,760 Speaker 3: status that you're a native. I just I just don't 510 00:32:03,800 --> 00:32:06,440 Speaker 3: like it. I don't like it because I can't define it, 511 00:32:07,280 --> 00:32:09,320 Speaker 3: and I don't think you can't. Well obviously you can't either, 512 00:32:09,920 --> 00:32:12,160 Speaker 3: and you just admit that you couldn't do it. So yeah, 513 00:32:12,200 --> 00:32:17,160 Speaker 3: it's a it's a politically correct term used to obfuscate 514 00:32:20,120 --> 00:32:24,160 Speaker 3: whatever they're trying to obfuscate. So why all this discussion 515 00:32:24,240 --> 00:32:32,120 Speaker 3: about birthright citizenship? Because Trump has an opportunity and the 516 00:32:32,160 --> 00:32:36,160 Speaker 3: Supreme Court has an opportunity to clear this up once 517 00:32:36,240 --> 00:32:40,280 Speaker 3: and for all. The Court should grant sorceraria, I should 518 00:32:40,280 --> 00:32:43,040 Speaker 3: grant cert whereas they should agree to hear the case 519 00:32:43,680 --> 00:32:50,880 Speaker 3: that involves Trump's executive order defining birthright citizenship and set 520 00:32:50,920 --> 00:32:54,000 Speaker 3: the case for argument for sometime next year in this 521 00:32:54,080 --> 00:32:59,200 Speaker 3: current term, so for twenty twenty six. And doing so, 522 00:33:00,720 --> 00:33:04,080 Speaker 3: everybody will get a chance to file briefs. So the 523 00:33:04,120 --> 00:33:08,479 Speaker 3: parties will obviously file briefs, but then people that are 524 00:33:08,520 --> 00:33:12,480 Speaker 3: opposed to birthright citizenship will file amekus briefs, Friends of 525 00:33:12,480 --> 00:33:16,920 Speaker 3: the Court briefs, and those who support are opposed to 526 00:33:17,160 --> 00:33:20,720 Speaker 3: birthright citizenship will do the same thing. So it will 527 00:33:20,760 --> 00:33:23,840 Speaker 3: be fully brief. There will be it'll be like an 528 00:33:23,920 --> 00:33:28,200 Speaker 3: incredible history lesson about everything involving the fourteenth Amendment and 529 00:33:28,280 --> 00:33:31,239 Speaker 3: how it got to where it was. And then the 530 00:33:31,280 --> 00:33:34,120 Speaker 3: court will hear oral arguments, at least I would imagine 531 00:33:34,160 --> 00:33:37,280 Speaker 3: they will in the case that's big, They'll hear oral 532 00:33:37,400 --> 00:33:41,920 Speaker 3: arguments and will have an opportunity for at least six 533 00:33:41,960 --> 00:33:44,440 Speaker 3: of the justices I would hope eight. 534 00:33:45,040 --> 00:33:48,600 Speaker 1: Jackson Brown's an anomaly that will look. 535 00:33:48,480 --> 00:33:51,800 Speaker 3: At the history and the actual text of the language 536 00:33:52,640 --> 00:33:57,480 Speaker 3: and come to a realization that oh we can demonstrate 537 00:33:58,600 --> 00:34:03,200 Speaker 3: that the executive Will leaves intact citizenship for children of 538 00:34:03,280 --> 00:34:08,680 Speaker 3: citizens and lawful permanent residents. It doesn't retroactively disturb any status, 539 00:34:09,640 --> 00:34:14,400 Speaker 3: and going forward we can say that, oh, subject to 540 00:34:14,440 --> 00:34:20,120 Speaker 3: the jurisdiction thereof means you come here illegally, unlawfully and 541 00:34:20,200 --> 00:34:22,920 Speaker 3: have a baby, that baby is not a citizen.