WEBVTT - US Citizenship on the Chopping Block | NLP Replay

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<v Speaker 1>Native lampod is a production of iHeartRadio in partnership with

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<v Speaker 1>Reason Choice Media.

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<v Speaker 2>Nobody knows.

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<v Speaker 1>Let's turn our attention to the Supreme Court case Claire Thomas.

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<v Speaker 3>Let's start with.

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<v Speaker 1>Him, you know, every now and then, not every now

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<v Speaker 1>and then Anyway, today Claire Thomas asked this question about

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<v Speaker 1>dres Scott, and that's not the question we have. But

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<v Speaker 1>I do want to roll the first Claire's Thomas question

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<v Speaker 1>we have. I just want to acknowledge Donald Trump, who

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<v Speaker 1>has been in the room for our arguments we're saying today.

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<v Speaker 1>But it's going to end tomorrow, obviously, but this is

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<v Speaker 1>still fresh, so we don't have it all together. I

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<v Speaker 1>do want to roll this claireence Thomas question.

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<v Speaker 4>Generally, you're getting a lot of questions about immigration, and

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<v Speaker 4>they harke it back, of course, to the citizenship, which

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<v Speaker 4>is defined in or set out in the fourteenth Amendment.

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<v Speaker 4>How much of the debates around the fourteenth Amendment had

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<v Speaker 4>anything to do with immigration.

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<v Speaker 5>I think that the principal focus of those debates has

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<v Speaker 5>to do really not with immigrants, but with the Indian tribes.

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<v Speaker 5>I mean, obviously the main goal that one pervading purpose

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<v Speaker 5>of this Court said in the Slaughterhouse cases was to

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<v Speaker 5>establish the citizenship of the freed slaves and their children.

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<v Speaker 5>But they were very concerned about the problem of something

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<v Speaker 5>that they all accepted as a given, which is that

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<v Speaker 5>the children of tribal Indians are not within the rule

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<v Speaker 5>of birthright citizenship. So I think that's what they focus

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<v Speaker 5>and we draw an analogy to that to the issue

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<v Speaker 5>of temporary sojourners. But there are mentions of temporary sojourneying

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<v Speaker 5>multiple places in the congressional debates, and all of those

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<v Speaker 5>quotes go in our direction.

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<v Speaker 1>So that's the first one. I don't know if y'all

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<v Speaker 1>want to get into another part of the orals here,

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<v Speaker 1>but what is I think really fascinating. The lead attorney

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<v Speaker 1>on our side of the issue is a child of

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<v Speaker 1>immigrants arguing birthright citizenship. And you see the blatant hypocrisy

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<v Speaker 1>not only of the Republican Party, the Trump administration, and

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<v Speaker 1>probably some of these justices when this ruling will eventually

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<v Speaker 1>come out, are on this particular issue, some of them

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<v Speaker 1>being children of immigrants themselves.

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<v Speaker 3>But I don't know, I wanted to if.

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<v Speaker 6>I could just back up a second to mention because

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<v Speaker 6>I know we've all been wiscons in this case, as

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<v Speaker 6>we've heard or arguments today before the you know, the

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<v Speaker 6>High Court. But what's that question here is that the

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<v Speaker 6>President has signed an executive order several months back that

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<v Speaker 6>basically says that redefines the fourteenth Amendment to the Constitution,

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<v Speaker 6>which established, just for all of our knowledge, that an

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<v Speaker 6>individual born here in the United States is considered a

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<v Speaker 6>citizen of the United States of America, regardless of where

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<v Speaker 6>their parents originated. And there are a few exceptions to

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<v Speaker 6>that rule, usually having to deal with diplomats, foreign diplomats

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<v Speaker 6>and high ministers to respective country, and in the case

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<v Speaker 6>of foreign occupation that the law doesn't apply to those

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<v Speaker 6>individuals those individuals, but they're basically four exceptions to the law.

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<v Speaker 6>And it really even though you heard the mention of

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<v Speaker 6>dred Scott the Fourteenth Amendments, how it came into formation

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<v Speaker 6>in the first place in eighteen sixty eight, it was

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<v Speaker 6>part of what we now know as the sort of

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<v Speaker 6>reconstruction clauses of the Constitution, and those were the thirteenth, fourteenth,

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<v Speaker 6>and fifteenth Amendment, giving black folks in this country access

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<v Speaker 6>to the constitutional guarantees that we were denied at the

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<v Speaker 6>forming of this country, but it dates back to you know,

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<v Speaker 6>the early sixteen hundreds as part of Calvin's case in

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<v Speaker 6>Great Britain that established that anyone born under the jurisdiction

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<v Speaker 6>of the king had to be basically obedient and is

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<v Speaker 6>a subject of the king, regardless again of what their

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<v Speaker 6>parents did or where they came from. So, although it's

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<v Speaker 6>been the law of the land for one hundred and

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<v Speaker 6>fifty years coming into formation since the fourteenth Amendment, it

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<v Speaker 6>has been the practice of the United States, mostly for

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<v Speaker 6>white men, but the practice of the United States since

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<v Speaker 6>before the founding of the United States of America. So

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<v Speaker 6>this man has the audacity to challenge this constitutional amendment

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<v Speaker 6>that basically black people are responsible for it having come

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<v Speaker 6>into formation in the first place. And I just think

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<v Speaker 6>we are to as a community, really understand the import

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<v Speaker 6>of this debate today, this week, and in the weeks

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<v Speaker 6>ahead as the Supreme Court sort of deals with this.

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<v Speaker 6>I think a lot of people are assuming that it's

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<v Speaker 6>going to go one way. But I thought the same

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<v Speaker 6>thing about others settled pieces of law, that the court,

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<v Speaker 6>this court, this conservative court, would go one way, and

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<v Speaker 6>it ended up going a different one. So let's just

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<v Speaker 6>pay attention to what's happening here. The fourteenth Miendment exists

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<v Speaker 6>because of us, but as affirmed for in future cases,

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<v Speaker 6>it applies to everybody and anybody born here in the

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<v Speaker 6>United States on our soil.

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<v Speaker 3>And that's just the party.

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<v Speaker 1>I do think I appreciate you backing into context here,

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<v Speaker 1>Andrew's important. Donald Trump, moments after leaving the oral arguments,

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<v Speaker 1>went to truth Social number. By the way, this is

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<v Speaker 1>the only time in history documented that sitting president attended

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<v Speaker 1>oral arguments, so that's also a major We can argue

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<v Speaker 1>that he was there to try to intimidate the justices

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<v Speaker 1>in some way, but he posted on true Social shortly

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<v Speaker 1>after leaving, we are the only country in the world

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<v Speaker 1>stupid enough to allow birthright citizenship. He's wrong. Thirty other

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<v Speaker 1>countries at least also have birthright citizenship. The other piece

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<v Speaker 1>that I think is really important here, and I actually

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<v Speaker 1>want to at least commend John Roberts for this one

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<v Speaker 1>statement he made the Solicitor General General arguing that even

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<v Speaker 1>though the Framers didn't have in mind, which was John

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<v Speaker 1>Roberts question, that this is the type of situation that

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<v Speaker 1>would come up people coming here, you know, falling in

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<v Speaker 1>love with someone who was already a citizen here and

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<v Speaker 1>having a child, how do you determine whose parent is

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<v Speaker 1>that you know is responsible for the baby and where

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<v Speaker 1>their citizenship lay. And the Solicitor General Sours says, we're

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<v Speaker 1>in a new world now, and John Roberts, Chief Justice

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<v Speaker 1>John Roberts says, back, it's a new world, but it's

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<v Speaker 1>the same constitution. And so I think there are these

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<v Speaker 1>interesting pockets where you see their humanity. But to Andrew's point,

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<v Speaker 1>we are literally one Supreme Court decision away from the

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<v Speaker 1>dismantling and the gutting and the wrongful interpretation of the

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<v Speaker 1>fourteenth Amendment, of any amendment in any single case, in

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<v Speaker 1>any single case, they could decide not to rely on President.

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<v Speaker 3>They could they could decide to rely on.

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<v Speaker 1>Court president case President that is not in our favor,

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<v Speaker 1>right like it ain't always been.

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<v Speaker 3>The Supreme Court decision they're talking about dread Scott.

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<v Speaker 1>Dread Scott is not what established birthright citizenship. It was

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<v Speaker 1>the case that broke dread Scott's hard enough to cause

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<v Speaker 1>his death because they did not see him as a citizen,

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<v Speaker 1>as a human, because.

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<v Speaker 3>He was an en slave person right property, that's right. Chatto,

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<v Speaker 3>I can ask one question though.

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<v Speaker 7>One of the things, because I think both of you

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<v Speaker 7>and Andrew, you highlighted the importance Angela and Andrew gave

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<v Speaker 7>us the history. But one of the questions we haven't

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<v Speaker 7>answered for listeners, and I want to see what you

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<v Speaker 7>three think and and kind of just trim it down

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<v Speaker 7>is why, you know, what, why are they going through this?

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<v Speaker 7>Why are they going through this exercise? Practically like why?

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<v Speaker 3>Yeah, I don't want to I want bread to be

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<v Speaker 3>able to wait.

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<v Speaker 2>I mean, I'm a lawyer, but I have been black

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<v Speaker 2>my whole life, a Negro.

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<v Speaker 3>As those.

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<v Speaker 2>I'm from Saint Louis, which means every MLK day the

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<v Speaker 2>show me state period, y'all know, I put on for

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<v Speaker 2>Saint Louis, And every mlkday we marched from Pala Symphony

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<v Speaker 2>Hall to the old Courthouse in downtown Saint Louis where

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<v Speaker 2>Dread and Harriet Scott stood before the Missouri State Supreme Court.

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<v Speaker 2>They were also members of the church that my father

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<v Speaker 2>later passored, the second oldest church founded by freeing enslaved

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<v Speaker 2>black people in the state of Missouri. And thinking about

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<v Speaker 2>that history, what is clear to me is that what

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<v Speaker 2>they told Dread and Harriet about what they thought about

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<v Speaker 2>their dignity and humanity remains true. So they didn't recognize

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<v Speaker 2>their humanity and their dignity, then they don't. These folks

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<v Speaker 2>don't have any intent on recognizing our humanity or dignity now.

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<v Speaker 2>And just because they're using us as the cudgel to

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<v Speaker 2>try to make their argument doesn't mean that we're safe.

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<v Speaker 2>And I think it's really really important that those of

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<v Speaker 2>us who can trace our families back four and five

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<v Speaker 2>generations on this land, don't get comfortable and think that

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<v Speaker 2>this thing can apply to us, because it absolutely can.

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<v Speaker 2>I just think that they want the whole thing to themselves.

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<v Speaker 2>That's just what I think it comes down to.

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<v Speaker 1>I think brit is right. I do want to just

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<v Speaker 1>if I can drop in another clip. We have a

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<v Speaker 1>dissenter in chief in the Supreme Court. Her name is

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<v Speaker 1>Katanji Brown Jackson, Justice Katanji Brown Jackson, and today she

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<v Speaker 1>demonstrates I think a great in her questioning Bikari an

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<v Speaker 1>answer suggested answer to your why, let's roll that.

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<v Speaker 8>Did I understand you to say that domicile is going

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<v Speaker 8>to be eventually or is controlled by Congress? Who is domiciled?

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<v Speaker 8>I'm struggling to figure out who is domiciled.

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<v Speaker 5>In your argument, the domiciliaries are people who are lawfully

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<v Speaker 5>present and have an intent to remain permanently. So that's

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<v Speaker 5>the kind of black letter understanding of domicile. Now, Congress

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<v Speaker 5>can't dictate the certain classes of people legal entrance and

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<v Speaker 5>so forth, cannot awfully lack of legal capacity to form

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<v Speaker 5>a legally binding Docit is that.

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<v Speaker 8>So then doesn't it make the domicile for the purpose

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<v Speaker 8>of the Fourteenth Amendment turned then ultimately on Congress's will

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<v Speaker 8>in a way that the framers did not intend. I mean,

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<v Speaker 8>my understanding was the Framers put this citizenship clause into

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<v Speaker 8>the Constitution to prevent future Congresses from being able to

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<v Speaker 8>affect citizenship in this way.

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<v Speaker 5>For sure, Very briefly, No, I don't think so, because

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<v Speaker 5>it is up to the alien whether or not they

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<v Speaker 5>want to be domiciled here. Now, there may be.

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<v Speaker 8>Said Congress can make determinations as to who counts as

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<v Speaker 8>being domiciled here. So that's true, Then it ultimately would

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<v Speaker 8>impact in your theory whether or not this person can

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<v Speaker 8>claim that they have citizenship for Fourteenth Amendment purposes based

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<v Speaker 8>on Congress's determination. I just thought that's what the Fourteenth

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<v Speaker 8>Amendment was trying to get away from.

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<v Speaker 5>Yes, very briefly, I just point you to the discussion

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<v Speaker 5>in Professor Worman's im GUS brief where he talks about

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<v Speaker 5>this is not a new problem, going back even to

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<v Speaker 5>the British common law. There's a situation of people who

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<v Speaker 5>lack a safe conduct and are passing through the King's

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<v Speaker 5>domains without permission. And he says, the best reading of

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<v Speaker 5>the common laws, they are not in the protection of

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<v Speaker 5>the King, and they're not covered by their royal birthright.

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<v Speaker 6>Citizenship passing through. He's been real colorful with the language there.

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<v Speaker 6>But I will tell you, first of all, I'll say

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<v Speaker 6>Justice Jackson and I would add to that Justice Soto

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<v Speaker 6>Mayor both have a way of making the High Court

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<v Speaker 6>accessible in their questions and the way in which they

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<v Speaker 6>summarize their questions. As a non lawyer, I feel like

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<v Speaker 6>I can access what it is that they're trying to

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<v Speaker 6>say and what the crux of the argument is about.

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<v Speaker 6>To Bakari's question, because I think it really it's a

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<v Speaker 6>great one and it's one that we all ought to consider,

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<v Speaker 6>Like why now, why after terms before the founding of

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<v Speaker 6>this nation, does it decide under Trump and his stooges

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<v Speaker 6>to redefine who a US citizen is. And although a

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<v Speaker 6>lot of us may think that this thing is powered

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<v Speaker 6>by the immigration of Latin Americans, I think into the US,

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<v Speaker 6>that's who they like to use as today's sort of boogeyman.

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<v Speaker 6>I think it has everything to do with what surfaces

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<v Speaker 6>in Donald Trump's voice. Every time he has the opportunity

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<v Speaker 6>to talk about the kinds of people he believes ought

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<v Speaker 6>to be in the United States, he talks about people

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<v Speaker 6>from shithole countries, places that we don't want.

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<v Speaker 7>Right.

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<v Speaker 6>He talks about South America at the whole continent of

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<v Speaker 6>Africa to forgive him. He doesn't know the demographic diversity

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<v Speaker 6>that exists on the continent, but whatever be that as

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<v Speaker 6>it may. And then when he talks about Europe, he

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<v Speaker 6>talks about Europe losing its authenticity, its identity because of

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<v Speaker 6>the immigration of brown peace. So lets none of us

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<v Speaker 6>get it confused that what this theme is about isn't

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<v Speaker 6>just about Latin American immigration in this country. They wish

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<v Speaker 6>to reverse the wheels of immigrant of the census of

0:13:15.440 --> 0:13:18.480
<v Speaker 6>this country going forward. They know that white folks have

0:13:18.480 --> 0:13:21.360
<v Speaker 6>a lower birth rate than any other group. They know

0:13:21.480 --> 0:13:23.680
<v Speaker 6>that the browning of America is real, that is here,

0:13:23.760 --> 0:13:26.840
<v Speaker 6>and that it will increase, and so to preserve their power,

0:13:27.240 --> 0:13:31.400
<v Speaker 6>they believe they need a more Eurocentric United States of America.

0:13:31.920 --> 0:13:35.960
<v Speaker 6>This is this is based in racism, as was of

0:13:36.000 --> 0:13:40.679
<v Speaker 6>the origination here, as was the Fourteenth Amendment which saved

0:13:40.760 --> 0:13:44.360
<v Speaker 6>us from it, as was the Southern States then implementing

0:13:44.640 --> 0:13:48.320
<v Speaker 6>their own discriminatory laws after the Fourteenth Amendment to keep

0:13:48.400 --> 0:13:53.840
<v Speaker 6>us from accessing power. So they're not talking about black people,

0:13:53.840 --> 0:13:56.360
<v Speaker 6>they're not name checking us right now as the problem.

0:13:56.600 --> 0:13:58.760
<v Speaker 6>They're using us and escapegoading us as part of the

0:13:58.760 --> 0:14:01.680
<v Speaker 6>solution through the fourteenth minis and on this argument. But

0:14:01.760 --> 0:14:04.280
<v Speaker 6>don't get it twisted. They see us as big a

0:14:04.320 --> 0:14:07.640
<v Speaker 6>threat as they see Latin American immigration. They don't want

0:14:07.720 --> 0:14:09.880
<v Speaker 6>us counted in the census, and they don't want us

0:14:09.920 --> 0:14:12.600
<v Speaker 6>being the majority. Ultimately, I think this is about what

0:14:12.760 --> 0:14:15.080
<v Speaker 6>you hear Donald Trump say, which is he wants a

0:14:15.160 --> 0:14:19.240
<v Speaker 6>whiter America and he wants an America that brings people

0:14:19.280 --> 0:14:24.120
<v Speaker 6>in from European countries who are also just European and

0:14:24.200 --> 0:14:26.360
<v Speaker 6>Dutch people from South Africa. Don't forget.

0:14:27.680 --> 0:14:30.040
<v Speaker 7>They going back. They don't even like it here. They

0:14:30.080 --> 0:14:31.000
<v Speaker 7>all go back.

0:14:31.200 --> 0:14:34.920
<v Speaker 2>They say this is a way, They say, we ain't

0:14:34.960 --> 0:14:35.720
<v Speaker 2>want to be in the ghetto.

0:14:37.600 --> 0:14:40.280
<v Speaker 7>I think that, you know, just summarily, it's two things,

0:14:40.320 --> 0:14:41.920
<v Speaker 7>and I think Andrew hit the nail on the head.

0:14:41.920 --> 0:14:44.920
<v Speaker 7>I mean, it's it's about power, and it's about fear.

0:14:45.680 --> 0:14:49.520
<v Speaker 7>It's the fear of losing what they believe to be theirs,

0:14:50.480 --> 0:14:54.760
<v Speaker 7>the browning of America, this inability to understand Angela rise

0:14:55.360 --> 0:15:01.440
<v Speaker 7>phrase that this joint for free right, and not acknowledging

0:15:01.480 --> 0:15:06.560
<v Speaker 7>that the equity of of of what diversity has put

0:15:06.560 --> 0:15:11.000
<v Speaker 7>into this country, not recognizing those contributions. And I think lastly,

0:15:11.080 --> 0:15:14.520
<v Speaker 7>it's about just not valuing diversity. You know, that power,

0:15:14.840 --> 0:15:18.120
<v Speaker 7>that that power talking point is so real because it

0:15:18.160 --> 0:15:21.760
<v Speaker 7>comes down to elections. They see themselves having a better

0:15:21.800 --> 0:15:25.760
<v Speaker 7>opportunity winning an election, maintaining power with the fewer black

0:15:25.760 --> 0:15:29.800
<v Speaker 7>and brown folk in this country, period, point blank, fullstop.

0:15:30.360 --> 0:15:34.440
<v Speaker 7>And I honestly don't think that that Donald Trump. I

0:15:34.760 --> 0:15:37.520
<v Speaker 7>find him to be a useful idiot for those of it,

0:15:37.640 --> 0:15:41.400
<v Speaker 7>those individuals who are around him, because I think that

0:15:42.160 --> 0:15:44.840
<v Speaker 7>we don't we talk about it a lot, but the

0:15:44.880 --> 0:15:48.440
<v Speaker 7>Stephen Millers and the Bannons of the world are the

0:15:48.440 --> 0:15:52.640
<v Speaker 7>ones who are orchestrating this. And then the sad part

0:15:52.760 --> 0:15:58.960
<v Speaker 7>is the the Cassidys and the Cottons of the world,

0:16:00.760 --> 0:16:03.360
<v Speaker 7>the Hallies of the world, the Vanceas of the world

0:16:03.400 --> 0:16:08.640
<v Speaker 7>don't have the testicular fortitude to be able to rise

0:16:08.720 --> 0:16:11.960
<v Speaker 7>up to this case, this occasion and actually recognize what

0:16:12.040 --> 0:16:15.320
<v Speaker 7>America is and or her value. So I think power

0:16:16.680 --> 0:16:26.360
<v Speaker 7>and I think fear are whatsdrivingness.

0:16:22.720 --> 0:16:26.240
<v Speaker 2>Power, though right, fear is how you maintain power. I

0:16:26.280 --> 0:16:27.960
<v Speaker 2>say this all the time, and I teach on this

0:16:29.080 --> 0:16:32.800
<v Speaker 2>every single conflict in the West, in America, in particular,

0:16:33.240 --> 0:16:36.320
<v Speaker 2>in white dominant culture, comes down to the desire to

0:16:36.400 --> 0:16:39.680
<v Speaker 2>hoard power. White dominant culture teaches us that power is

0:16:39.720 --> 0:16:41.560
<v Speaker 2>a pie and there are only so many slices to

0:16:41.600 --> 0:16:44.560
<v Speaker 2>go around. The idea that we are all born with

0:16:44.600 --> 0:16:47.040
<v Speaker 2>innate power and it is therefore abundant, and we can

0:16:47.080 --> 0:16:49.480
<v Speaker 2>share it and all be better when we share it

0:16:49.520 --> 0:16:54.160
<v Speaker 2>is foreign to a white the ideology of whiteness, right,

0:16:54.240 --> 0:16:57.520
<v Speaker 2>it is it is natural to our communities, It is

0:16:57.600 --> 0:17:01.520
<v Speaker 2>foreign to them. So they're going to maintain power by

0:17:01.560 --> 0:17:05.240
<v Speaker 2>any means necessary and at all costs, which means stoking fear,

0:17:05.560 --> 0:17:09.919
<v Speaker 2>which means stoking violence very intentionally, right, because that's always

0:17:09.920 --> 0:17:13.240
<v Speaker 2>a tool of power. Because they mean to, they intend

0:17:13.280 --> 0:17:16.359
<v Speaker 2>to ensure that they don't share power with anybody but themselves.

0:17:16.480 --> 0:17:18.760
<v Speaker 2>And if there are wealthy people of color who think

0:17:18.760 --> 0:17:26.080
<v Speaker 2>they're gonna get in on no pie, they are sadly mistaken.

0:17:31.000 --> 0:17:33.680
<v Speaker 1>Native Lampid is a production of iHeart Radio and partnership

0:17:33.720 --> 0:17:36.160
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