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The John Batchelor Show

S8 Ep720: PREVIEW FOR LATER TODAY. GUEST. Professor John Yoo analyzes Supreme Courtoral arguments regarding birthright citizenship, tracing the history of English common law and the antebellum practicewhere individual states determined citizenship status for reside

The John Batchelor Show

John Batchelor

Society & Culture, Arts, News, Books

4.52.8K Ratings

🗓️ 9 April 2026

⏱️ 3 minutes

🧾️ Download transcript

Summary

PREVIEW FOR LATER TODAY. GUEST. Professor John Yoo analyzes Supreme Courtoral arguments regarding birthright citizenship, tracing the history of English common law and the antebellum practicewhere individual states determined citizenship status for residents. (5)
1876 SCOTUS

Transcript

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0:00.0

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0:30.6

I'm John Batchel, a conversation with Professor John Yoo of the Civitas Institute and the University of California Law School at Berkeley.

0:38.7

Birthright citizenship argued before the Supreme Court orally by the Solicitor General.

0:45.0

The question here is, what was the tradition?

0:48.3

What did the United States do about citizenship, about citizens not born here or born here, before the Civil War,

0:56.6

before the 14th and 15th Amendments.

1:00.0

John explains it was English common law.

1:02.8

What does that mean?

1:04.3

Here's John to explain, but it certainly does look like the tradition was.

1:09.1

But if you're born here, you're a citizen. Here's John.

1:13.6

Yes, so a really important part of it, and you heard that the oral arguments at the Supreme

1:19.1

Court was what was the rule before the 14th Amendment? So President Trump, and it's even more

1:26.8

the academic scholars who have supported President Trump,

1:30.7

and actually were arguing about this long before President Trump was on the scene,

1:34.8

they think that the common law rule wasn't necessarily followed in the United States.

1:40.7

And they're right about this part.

1:42.1

Each state was allowed to decide how to determine

1:46.9

citizenship. If a state chose you as a citizen, then the United States would accept you as a citizen.

1:52.6

I think the historical record shows that every state adopted the British common law rule, which was

1:58.8

birthplace, and that that decision you read from Massachusetts

...

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