S8 Ep688: 3. LEGAL HISTORY OF BIRTHRIGHT CITIZENSHIP GUEST: Richard Epstein Richard Epstein analyzes the 14th Amendment and early naturalization acts, emphasizing that citizenship originally required renouncing foreign allegiances,,. He argues that the term "domici
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 3 April 2026
⏱️ 15 minutes
🧾️ Download transcript
Summary
3. LEGAL HISTORY OF BIRTHRIGHT CITIZENSHIP GUEST: Richard Epstein Richard Epstein analyzes the 14th Amendment and early naturalization acts, emphasizing that citizenship originally required renouncing foreign allegiances,,. He argues that the term "domicile" distorts original statutory intent,. (3)
1876
Transcript
Click on a timestamp to play from that location
| 0:00.0 | I'm John Bachelor, |
| 0:16.9 | birthright citizenship, the legal right for individuals born in the United States |
| 0:22.6 | to acquire automatically U.S. citizenship is guaranteed by the 14th Amendment of the Constitution. |
| 0:31.5 | Therein lies the tale and the case and the argument. I welcome Professor Richard Epstein, |
| 0:39.3 | teaches law at NYU in the University of Chicago. He's at the Civitas Institute, the University of Texas at Austin. |
| 0:45.0 | Richard, a very good evening to you. Thank you very much. Birthright citizenship argued before the |
| 0:50.0 | Supreme Court oral arguments in these last days by the Solicitor General of the United States |
| 0:55.2 | of America, notably for the attendance of a president of the United States at the oral hearing, |
| 1:01.3 | I believe, the first time in the Supreme Court history. In any event, you in these last days |
| 1:06.8 | have spoken at length, and Chicago has been blessed by your remarks about how the court, |
| 1:14.6 | the nine justices who participated in the oral arguments and the Solicitor General, |
| 1:20.2 | and we can presume the counselors for the president, have all moved this argument in |
| 1:25.0 | directions that are not helpful to clarify language and perhaps |
| 1:29.0 | not winning hands at all. |
| 1:31.5 | What I heard from Solicitor General John Sauer was emphasis of the word domicile, domicile, |
| 1:38.0 | domicile, domicile. |
| 1:39.0 | Where do the parents live? |
| 1:41.3 | Where are they from? |
| 1:43.0 | That, if I read you correctly, is not the case. Good evening |
| 1:46.8 | to you, Professor. Yes, no, I mean, this is a very complicated set of issues. And let me first |
| 1:52.4 | outline what the strategy is of the Solicitor General, why I think has some chances of success, |
| 1:58.7 | but why, in effect, if you're trying to figure out how the entire |
... |
Please login to see the full transcript.
Disclaimer: The podcast and artwork embedded on this page are from John Batchelor, and are the property of its owner and not affiliated with or endorsed by Tapesearch.
Generated transcripts are the property of John Batchelor and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.
Copyright © Tapesearch 2026.

