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Cato Podcast

Birthright Citizenship on Trial

Cato Podcast

Cato Institute

Cato, Peace, Policy, Politics, Markets, Defense, Government, News, News Commentary, 424708, Immigration, Libertarian

4.5979 Ratings

🗓️ 7 April 2026

⏱️ 49 minutes

🧾️ Download transcript

Summary

Trump's executive order challenges 150 years of birthright citizenship law, hinging on four words in the 14th Amendment. The Cato Institute's Tommy Berry, Dan Greenberg, and David Bier unpack the constitutional stakes and what the justices signaled at oral arguments.

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Transcript

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0:00.0

Hi, and welcome to the Cato podcast. I'm Tommy Berry, the Director of Constitutional Studies here at Cato.

0:14.7

My name is Dan Greenberg. I'm Senior Legal Fellow here at Cato.

0:18.4

And I'm David Beer. I'm the director of immigration studies and the

0:21.9

Cells Foundation Chair in Immigration Policy at the Cato Institute. Excellent. And today we're talking

0:27.7

about birthright citizenship. What is it? Why is it in the Constitution? What is the current

0:33.4

dispute? Why does President Trump think it's been overinterpreted? What is his executive order

0:39.3

trying to do? And how did things go at the Supreme Court oral arguments just less than a week ago?

0:46.5

So, Dan, you and I collaborated on Cato's Amicus brief in this case, supporting, I would say,

0:51.8

the traditional view of the scope of birthright citizenship.

0:55.3

Why don't you kick us off and just tell us what is this controversy in basic terms?

1:00.1

Well, Tommy, we are just a few hours away from President Trump's truth on truth social.

1:08.5

He was talking about the Barber case, the birthright citizenship case,

1:13.3

and he explained that all the justices need to do is watch Mark Levine's show to understand

1:21.4

this controversy. He said, if they saw it, they would never allow that money-making hoax

1:27.0

to continue.

1:27.9

They should use their powers of common sense for the good of our country.

1:32.1

And what President Trump is talking about is his new executive order, which proposes that

1:40.2

we interpret the law and interpret the Constitution in a way that the country really

1:44.9

has never done before.

1:46.8

For, oh, goodness, for about 150 or 200 years, we have understood the 14th Amendment

1:55.2

to protect all citizens who are born within the borders of the United States to grant them citizenship.

2:07.0

And President Trump's executive order has a different understanding.

...

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