I'm John Bachelor. I welcome my colleague and friend Richard Epstein at the Civitas Institute. The professor

teaches law at NYU in the University of Chicago. Birthright citizenship, much in the news,

an oral argument to the Supreme Court pending a presumed decision sometime in summer.

Birthright citizenship begins a long trail of argument dating from the founding of the

United States of America. The founders had a view of who was and who was not a citizen. In 1790,

there was a naturalization act that again has an idea of who is and who is not a citizen if born

in the United States.

We then have the Civil War and the tragedy of the Second American Revolution,

leading to the 13th, 14th, and 15th Amendments.

The 14th Amendment speaks to citizenship.

All persons born are naturalized in the United States and subject to the jurisdiction

thereof are citizens of the United States and of the state wherein they reside, 14th Amendment.

We then have the Naturalization Act by Congress of 1870 and a very famous Supreme Court decision

in 1898 involving the child of Chinese, legally Chinese couple in the United States and their child born in the United States,

who is regarded by the Supreme Court in the decision as a citizen of the United States. I stopped there because

the professor has taught me all these high points. Now we have to look at what appears to be a decision

to be made here in the 21st century, that you are born in the United States, makes you a citizen

of the United States or not. Professor, a very good

evening to you. I hope my generalized chronology is correct. Good evening. Well, it doesn't

contain any errors, but it's incomplete, of course. I think the best way to begin this is to note

that the campaign with respect to birthright citizenship began politically

on both sides. The president, of course, was very emphatic when he said that he wants to overturn

...