Does the Constitution Require Birthright Citizenship?

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 8 November 2018

⏱️ 64 minutes

🔗️ Recording | iTunes | RSS

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Summary

President Trump’s declaration that he could revoke birthright citizenship with an executive order has set off a firestorm of controversy among legal scholars. On this episode, Professors Akhil Amar and Edward Erler debate whether or not the 14th Amendment requires birthright citizenship for all, and dive into the disputed history and original meaning of the Constitution’s Citizenship Clause. Jeffrey Rosen moderates as Amar argues that birthright citizenship is constitutionally required, while Erler asserts that it is not, and that Congress has the power to change it—and should. Check out the Citizenship Clause of our Interactive Constitution: https://constitutioncenter.org/interactive-constitution/amendments/amendment-xiv/the-citizenship-clause-by-akhil-amar-and-john-harrison/clause/56

Transcript

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0:00.0	I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome to We The People, a weekly show of constitutional debate.
0:15.2	The National Constitution Center is the only institution in America chartered by Congress
0:20.1	to disseminate information about the Constitution on a non-partisan basis.
0:25.0	Recently President Trump proposed to end birthright citizenship through executive order.
0:32.0	The proposal has set off vigorous... citizenship through executive order.
0:32.8	The proposal has set off vigorous commentary.
0:36.6	Does the president have the authority under the Constitution to end birthright citizenship? Could Congress do it by statute if the president can't do it by executive order?
0:47.6	And what does the Constitution mean in the 14th Amendment?
0:51.0	When it states, and dear with the people
0:53.0	listeners, I want you to bring out your interactive
0:55.0	constitutions, all persons born are
0:58.0	naturalized in the United States and subject to the
1:01.0	jurisdiction thereof, are citizens of the United States and
1:04.8	at the state wherein they reside.
1:06.8	Joining us to discuss this crucial constitutional question are two of America's
1:10.9	leading commentators on it.
1:13.7	Akele-Amar is Sterling Professor of Law and Political Science at Yale Law School
1:18.9	and the author of many acclaimed books, including most recently the Constitution today.
1:23.2	Akeel is the co-author of the Interactive Constitution's
1:26.4	explainer on the citizenship clause with John Harrison and dear
1:30.1	we the people listeners I want you to check out that common explainer right after the
1:34.1	podcast.
	...

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