S8 Ep722: 7. John Yoo outlines the history of birthright citizenship and the 14th Amendment’s goal to overrule *Dred Scott*. He details Trump administration legal challenges concerning illegal migration and the definition of jurisdiction and domicile. (7)
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 10 April 2026
⏱️ 14 minutes
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Summary
7. John Yoo outlines the history of birthright citizenship and the 14th Amendment’s goal to overrule *Dred Scott*. He details Trump administration legal challenges concerning illegal migration and the definition of jurisdiction and domicile. (7)
1877
Transcript
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| 0:00.0 | I'm John Bachelor. I welcome Professor John Yu, Senior Research Fellow at the School of Civic Leadership |
| 0:21.5 | at the Civitas Institute, University of Texas at Austin, as well as the Emmanuel S. Heller |
| 0:27.3 | Professor of Law at the University of California at Berkeley and non-resident senior fellow |
| 0:32.6 | at the American Enterprise Institute, writing most recently at the Dispatch.com. It's available |
| 0:37.3 | for you all to read through, as I do, recently at the dispatch.com, it's available for you all to read |
| 0:38.1 | through, as I do, turning on the question of citizenship, birthright citizenship. This is history |
| 0:46.4 | that takes us back to the 19th century following the Civil War, which tore the country to pieces, |
| 0:53.9 | the Second revolution. |
| 0:55.8 | And it was necessary for Congress to move to confront the Confederacy as it burned down. |
| 1:03.8 | And what was to be done for all these human beings who had been treated and as enslaved now free? |
| 1:10.8 | They needed their citizenship, they needed the |
| 1:12.9 | right to vote, it needed everything. And Congress moved accordingly in time to pass an amendment |
| 1:20.5 | to the Constitution, several amendments to the Constitution, 13th, 14th and 15th at hand. |
| 1:26.2 | The 14th is the one that's in front of us right now because it has the passage that is about |
| 1:32.1 | citizenship. |
| 1:33.3 | Professor, a very good evening to you. |
| 1:35.1 | This citizenship is very important, so I want to begin very carefully to understand this |
| 1:40.1 | isn't the first time it came up in governance. |
| 1:43.1 | This was something that the British system, our forefathers, |
| 1:47.5 | the mother country dealt with very carefully beforehand, |
| 1:51.6 | who was a citizen of, who was a subject of the king, |
| 1:54.7 | who was not a subject of a king. |
... |
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