Description
The U.S. Supreme Court has spoken: people born in the United States are citizens—and this decision reaffirms two centuries of constitutional precedent.
Part of the Bogosity Podcast's "Supreme Court Special," we break down the Court's latest ruling on birthright citizenship, explain what the 14th Amendment actually says, and examine why the majority rejected attempts to reinterpret one of the Constitution's clearest provisions.
The controversy was around the phrase "subject to the jurisdiction thereof," but there's little doubt about what it means; United States v. Wong Kim Ark remains the controlling precedent.
The 14th Amendment gives Congress—not the President—the authority to change citizenship laws. And Congress has enshrined birthright citizenship into law; the President cannot change that with an Executive Order.
Oh, this triggered the conservatives! But the Constitution's text, historical understanding, and more than 125 years of Supreme Court precedent—and even earlier, since birthright citizenship was a thing at the founding of the country—all support citizenship for nearly everyone born on U.S. soil, with only a few longstanding narrow exceptions such as children of foreign diplomats.
From the 5 July 2026 Bogosity Podcast.
Trump v. Barbara https://www.supremecourt.gov/opinions/25pdf/25-365_new_5if6.pdf
Previous coverage of oral arguments: https://www.youtube.com/watch?v=dT9IROAiMHM
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