It's theoretically possible, and I wouldn't blame any listener who is now at this point pretty cynical about the Roberts Court.

I'm certainly a critic of what the Roberts Court has done, and they make up constitutional law all the time.

And, you know, the Trump, one of the most embarrassing decisions and anti-historical decisions, anti-originalist decisions, was the Trump versus

the United States presidential immunity decision. Welcome to Justice by Design, the podcast that

looks to solutions to the problems we face as a country and a society.

So birthright citizenship, that's a concept that I think most of us, I know speaking for myself, often take for granted.

If we are born on U.S. soil, we are citizens.

But should we?

President-elect Donald Trump has promised to use executive action to end

birthright citizenship as part of his plan to crack down on immigration, which essentially

means when he calls for more immigrants to be expelled from the country. If they have children who were born here,

he wants them to go with them.

Well, but birthright citizenship is established by the Constitution.

Can he even do that?

Well, I thought the answer was no,

but it turns out it's a lot more complicated than that.

So I'm so happy to have joining me, Jed Sugarman, who is a professor at Boston University School of Law,

my alma mater, and also someone who I frequently turn to to explain constitutional concepts to me.

So, Jed, thank you so much for joining us on Justice By Design.

Well, thanks so much for having me.

So just introduce yourself a little bit to our listeners. Tell them what you do there in Boston.

Sure. Well, I'm a law professor and my specialty area. I have a PhD in American history. So I've studied the, in terms of some of these questions of citizenship that's part of my historical background. And I teach a mix of

...