Amarica’s Constitution Podcast-2/5-Birthright Citizenship – Judges on Benches v Judges on Barstools

In the aftermath of a scathing ruling by the Federal District Court and its issuance of an order blocking President Trump’s executive order which attempted to abridge birthright citizenship, one might think the matter closed. But appeals await, no doubt. Last podcast we offered Professor Amar’s arguments in support of his interpretation – and the interpretation of most legal experts – of the matter, but obviously there were arguments made in opposition. We address these arguments, starting with those made in Trump’s brief in the case, and going beyond them as well. In doing so, we revisit a familiar name: Justice Joseph Story, who Trump’s lawyers attempt to enlist in support of their position, with arguments that perhaps don’t tell the whole story.
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