Birthright Citizenship on Trial

The Cato Podcast episode 'Birthright Citizenship on Trial' examines the constitutional and legal controversy surrounding President Trump's executive order seeking to redefine birthright citizenship under the 14th Amendment. Host Tommy Berry is joined by Cato Institute scholars Dan Greenberg and David Beer to dissect the executive order's claim that children born in the U.S. to undocumented or temporary visitors should not automatically be citizens. The hosts argue that this interpretation contradicts over 150 years of legal precedent, including the landmark Wong Kim Ark case, which affirmed birthright citizenship for children of non-citizens, including Chinese immigrants. They emphasize that the phrase 'subject to the jurisdiction thereof' has traditionally meant legal obedience, not a contractual or voluntary allegiance, and that historical records, including Congressional Globe debates, confirm the original public meaning of the 14th Amendment supported broad birthright citizenship. The episode also critiques the administration's argument that modern 'birth tourism' justifies a new interpretation, calling it a minor issue compared to the existential threat of empowering the government to strip millions of U.S.-born citizens of their rights. The hosts express concern over the retroactive implications of the executive order and the broader erosion of due process, especially in immigration enforcement. They conclude with a hopeful but cautious outlook, noting the Supreme Court’s skepticism during oral arguments and the strong precedent supporting the traditional view.