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Isaac Saul
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Isaac Saul
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Kandi Burris
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Isaac Saul
Good morning, good afternoon, and good evening, and welcome to the Tangle Podcast, a place we get views from across the political spectrum, some independent thinking, and a little bit of my take. I'm your host, Isaac Saul, and on today's episode, we're going to be talking about the birthright citizenship debate. That's right. Donald Trump is pushing to end birthright citizenship. We're going to break down the history of that and the 14th amendment and share some arguments about his proposal from across the political spectrum. Before we do, a couple quick notes. First of all, I want to shout out Will Kaback, our editor who manned the podcast yesterday. Will sent me a note saying, you know, he lives in New York. He had a lot of thoughts about this issue. He had seen me write about it twice already, and he wanted to offer his thoughts about it to the Tangle audience. And I thought it was really interesting. I thought it was a great read. I didn't agree with him about everything, but it wasn't my take. It was his take. And I thought he did an awesome job and it was thoughtful and thought provoking. So kudos to Will and of course, you know, I hope we get to continue introducing different members of the Tangle team to you guys going forward and giving them opportunities to use their voices too, because it's a nice little peek behind the curtain that, you know, I often am giving my take that's edited and massaged and challenged a little bit by our team. But at the end of the day it is my take and we have other people on staff who have views that diverge from mine in certain places. So it's always fun to see them kind of come out of the shadows and get to share their voices a bit. So that's one second. Speaking of sharing people's voices, every now and again there's a story that just punctures the news in a way that feels important and notable. And this week the story was the murder of UnitedHealthcare CEO Brian Thompson. We received a deluge of reader feedback, criticism and questions about our coverage of his murder and what we can learn about the US from the story. So tomorrow we're going to address that in a reader feedback edition. That's the kind of edition where we share some reader feedback, we respond to some of it, and we leave some of it unanswered. We just let people's criticism stand on their own for us and let you guys take from it what you want. A reminder though, that these Friday edition podcasts, along with our Sunday edition podcasts, are now behind a paywall. They are for members only. If you want to become a Tangle member on the podcast, you can go to tanglemedia.supercast.com and when you do that, you'll also unlock ad free podcasts into your feeds, which a lot of people really love. So you can again go to tangled media.supercast.com to set up a paid Tangle podcast membership. And that is just for the podcast. We also have newsletter memberships on our website, readtangle.com and soon, I think maybe this month we're going to be bundling those subscriptions together so you can manage your subscriptions all in one place. And if you are both a newsletter reader and a podcast listener, you can get a discount when you bundle the subscription. So lots of cool stuff coming on the membership side and appreciate all you guys bear with us with that lengthy intro. I'm going to pass it over to John for the main pod and I'll be back for my take.
John Law
Thanks Isaac and welcome everybody. Here are your quick hits for today. First up The Federal Bureau of Investigation announced its director Christopher Wray would resign at the end of the Biden administration. Wray had three years remaining on his appointed 10 year term as director, but President elect Donald Trump recently stated his intention to seek Ray's resignation or fire him. Trump will nominate former federal prosecutor Kash Patel to lead the agency. Number two, Hamas has reportedly agreed to two Israeli demands as part of a proposed ceasefire deal in Gaza, allowing Israeli forces to remain in Gaza temporarily while the fighting stops and sharing a full list of hostages it would release. The concessions raise the prospect of a ceasefire or truce after months of stalled talks. Number three grocery companies Kroger and Albertsons ended their planned $24.6 billion merger, which would have been the largest in US supermarket history, after two judges halted the deal earlier this week, Albertson said it had filed a lawsuit against Kroger for allegedly failing to fulfill its obligations. Number four President Joe Biden commuted the sentences of approximately 1,500 people and pardoned 39 others, all of whom were convicted of nonviolent crimes. The White House said that the actions represent the largest single day act of clemency in modern history. And number five, a U.S. bankruptcy judge halted the satirical news site the Onion from purchasing Alex Jones Infowars website as part of Jones bankruptcy proceedings, ruling that the auction to sell the site was marred by procedural errors.
Kandi Burris
You promised to end birthright citizenship on day one. Is that still your plan?
John Law
Yeah, absolutely.
Isaac Saul
The 14th amendment, though, says that, quote.
Kandi Burris
All persons born in the United States are citizens. Can you get around the 14th Amendment.
John Law
With a different act of action?
Isaac Saul
Well, that's going to change.
John Law
We maybe have to go back to.
Isaac Saul
The people, but we have to end it.
John Law
On Sunday, President elect Donald Trump gave his first network television interview since the election, speaking with NBC's Kristen Welker for Meet the Press. During the interview, Trump said he would seek to end birthright citizenship, possibly through executive action, calling the practice ridiculous and saying that the US Is the only country that grants the right. Legal experts doubt that the president has the power to curtail birthright citizenship, but Trump's transition team has indicated it will attempt to do so as one of its first executive actions when he returns to office in the United States. Birthright citizenship takes two forms. Je sanguinis, or ancestry based citizenship, means that a child born outside of the US to at least one citizen parent is entitled to US Citizenship under certain conditions. Jeurs soli, or birthplace based citizenship, grants automatic citizenship to everyone born in the U.S. the citizenship clause of the 14th Amendment guarantees citizenship to all persons born or naturalized in the United States and subject to the jurisdiction thereof, and the Supreme Court affirmed the constitutionality of jus soli citizenship in its 1898 decision in the United States vs. Wong Kim arc. During Trump's first term, he stated he would sign an executive order removing birthright citizenship, but ultimately did not do so. However, he raised the prospect again during his 2024 presidential campaign, vowing to take executive action on his first day in office to restrict citizenship to those with at least one citizen or lawful permanent resident parent. Many constitutional scholars have argued that any executive action targeting birthright citizenship would be struck down by the courts, citing the precedent established in Wong Kim Arc. In his interview with Welker, Trump suggested that he could take the issue back to the people if executive action failed, suggesting passing a constitutional amendment. Doing so would require two thirds approval from the House and Senate, as well as ratification by 3/4 of state legislatures or 3/4 of conventions called in each state. However, Trump's transition team has contended that the language of the 14th Amendment does not guarantee citizenship for children born in the US to non citizens, arguing that unauthorized migrants are not subject to the jurisdiction of the United States as stipulated by the citizenship clause. In response, opponents say the Supreme Court's Wong Kim Ark decision makes clear that the only groups not subject to US Jurisdiction and thus excluded from birthright citizenship are people who cannot be prosecuted in the US Such as ambassadors and foreign ministers. Today, we'll explore arguments about Trump's proposal to end birthright citizenship with perspectives from the right and the left, and then Isaac's take.
Isaac Saul
We'll be right back after this quick break.
Kandi Burris
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John Law
Give the gift of connection from US Cellular.
Isaac Saul
Not sure what that means. Well, here's a slightly more specific hint. You can choose four free phones and get four lines for $90 a month from US Cellular.
John Law
Your family wants new phones, so how do we know? They told us.
Isaac Saul
Yeah, the good news is that compared to wrapping presents, you're great at getting hints.
John Law
So take the hint and get them.
Kandi Burris
Four free phones and four lines for $90 a month.
Isaac Saul
US Cellular built for us.
John Law
All right, first up, let's start with what the right is saying. The right is mixed on the proposal, but many argue that Trump has a credible legal case to curtail birthright citizenship. Some say ending birthright citizenship is key to Trump's immigration agenda. Others say Trump's plan is ill advised. In the Daily Signal, Amy Swerer said Trump can end universal birthright citizenship. The Constitution never required it. It's true that in an 1898 case, United States vs. Wong Kim ARC, the Supreme Court held that the US born child of Chinese immigrants who were lawfully present and permanently domiciled in the United states was a US citizen under the 14th Amendment, Swearer wrote. But the holding in Wong Kim Arc only deviates from the original meaning of the 14th Amendment if one chooses to read it under the assumption that the Supreme Court intended to upend decades of precedent and supersede Congress's clear intent. The assumption is unnecessary, illogical and dangerous. At its core, Wong Kim Ark was about the government's attempt to circumvent the 14th Amendment and keep Chinese immigrants and their children from ever becoming citizens by any means, Swerer said. This type of race based discrimination in citizenship was Precisely what the 14th Amendment was intended to prohibit, and the Supreme Court rightly recognized the system for the unconstitutional travesty it truly was. While the opinion can also be read as affirmatively adopting jeurs soli and universal birthright citizenship as the law of the land, it can just as easily be read as adopting only a flexible Americanized, limited to the factors of lawful presence and permanent domicile. In the New York Post, Daniel McCarthy argued Trump's proposal could help stem the border crisis. Birthright citizenship may sound benign, but thanks to an overarching Supreme Court decision 126 years ago, it's the biggest legal hole in our border. President elect Donald Trump has the opportunity to seal it, but it won't be easy, McCarthy wrote. When the Supreme Court handed down its United States versus Wong Kim Ark decision in 1898. Illegal immigration was nothing like the crisis it is now. And the subject of that case, Wong Kim Ark, was the son of legal immigrants, permanent residents, in fact. But in the 21st century, liberal legal experts insist the court's ruling now means any child born on American soil is automatically a citizen. The dangers of birthright citizenship are about more than just illegal immigration. Holders of valid tourist visas who don't have any intention of becoming Americans can arrive pregnant and depart with a newly minted US Citizen added to the family. It's a threat to national security and sovereignty itself, McCarthy said. Trump is trying to restore us to the understanding of citizenship held by the framers of the amendment that guaranteed equal protection for all Americans. It's a battle Trump must fight all the way to the Supreme Court. In the Wall Street Journal, Jason L. Reilly criticized Trump's misguided attack on birthright citizenship in an interview with NBC News that aired Sunday, Donald Trump said that he wanted to work with Democrats in Congress to do something about the legal limbo of so called Dreamers, the name given to undocumented immigrants who were brought to the US as children and have lived here most of their lives, riley wrote. Like many supporters of the Dreamers, Mr. Trump believes that it would be unjust to make children pay for the illegal acts of their parents. In the same NBC News interview, Mr. Trump vowed to ban birthright citizenship by executive order. On his first day back in office, Mr. Trump campaigned successfully on a promise of reducing the size of the country's illegal population and prioritizing the removal of foreign nationals with criminal histories is popular and makes sense. But ending birthright citizenship would almost certainly be at cross purposes with his larger goal. Children who automatically become citizens would be counted going forward as illegal, like their parents, and the size of the illegal population would swell by millions, Riley said. There's also a moral case for leaving birthright citizenship in place, including for the offspring of undocumented parents. And it's similar to the case Mr. Trump has made for accommodating the Dreamers. Why punish children for the sins of their parents? Alright, that is it for what the right is saying. Which brings us to what the left is saying. The left opposes Trump's plan and doesn't think it will survive in court. Some say the efforts underscores Trump's authoritarian impulses. Others say Trump may be foreshadowing other moves to reduce legal immigration. In the Boston Globe, Jeff Jacoby wrote, birthright citizenship is a constitutional right that Trump can't revoke Birthright citizenship isn't a privilege that presidents can bestow or withdraw at will. It is a constitutional mandate enshrined in the 14th Amendment, Jacoby said. The meaning of that constitutional language has never been in doubt. Though the amendment citizenship clause was drafted specifically to nullify the Supreme Court's execrable Dred Scott decision, which denied birthright citizenship to anyone of black African descent, its intended scope was considerably broader. If Trump or Republican nativists in Congress want to change generations of settled law and withhold citizenship from children born to migrants who entered the country without authorization, their sole option is to amend the Constitution, jacoby wrote. It is one of the finest aspects of American exceptionalism that American citizenship is extended to all who enter the world within America's borders. Thanks to the 14th amendment, their rights do not depend on the color of their skin, the blood in their veins, the religion of their forebears, or the immigration status of their parents. The Constitution says that every baby born here is the equal of every other. In the Hill, Max Burns called Trump's plan authoritarianism 101. America's legal institutions may not be as strong a bulwark against the MAGA movement xenophobia as institutionalists think, burns said. Democrats high minded plan to wave the Constitution in Trump's face isn't going to win many arguments in a government that openly idolizes the muscular use of executive power. At any rate, some of the MAGA movement's most loyal lawmakers are already hard at work undermining the clear meaning of clauses like the 14th Amendment's grant of birthright citizenship to all people born within the country. Senator Mike Lee, the Republican from Utah, offered the opening salvo in the right's war on citizenship rights. He argues that the amendment's first sentence all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside. Empowers lawmakers to determine who is a citizen. That reading is exactly backward in every possible way, burns wrote. Lee needs to make these big theoretical jumps because otherwise Republicans would need to amend the Constitution in order to remove birthright citizenship, something even they acknowledge is politically impossible. In New York magazine, Ed Kilgore said Trump's birthright citizenship threat shows his true target. Reducing all forms of immigration has been an abiding goal of Stephen Miller, Trump's longtime immigration advisor and future White House deputy chief of staff for policy. So it was always safe to assume that a second Trump administration would attempt to reduce various forms of legal immigration, Kilgore wrote. But now Trump himself has pledged to do something far more sweeping on his first day in office. Issue an executive order eliminating birthright citizenship. This would presumably expose millions to deportation from the land where they were born. Raising the question of birthright citizenship right off the bat could benefit Trump strategically in two ways. First, challenging this might make it more politically palatable to separate the estimated 4.3 million US citizens whose parents are undocumented from their soon to be deported family members, Kilgore said. Second, Trump and Miller may simply want to begin their nativist crusade with the most expansive and audacious proposals in their arsenal. Perhaps they believe that once eliminating birthright citizenship is on the table, their more legally defensible plans will seem less draconian. All right, let's head over to Isaac for his take.
Isaac Saul
All right, that is it for what the left and the right are saying. Which brings us to my take. So I want to start with three simple but important points before I get into what I think is the most interesting part of this story. Number one, first of all, perhaps most importantly, I want to say that I am extremely skeptical that Trump is going to change birthright citizenship or related precedent in the United States. If he goes the executive order route, he'll need some very friendly help from the Supreme Court and the courts underneath them, which I don't think is going to happen. He could try passing a narrow piece of legislation that invites the kind of 14th Amendment challenge he wants to take to the Supreme Court, but that also seems like a losing venture. I'm not even sure he could get such legislation passed. Otherwise he'll need a constitutional amendment, which obviously is not happening. And number two, it is not true that other countries don't have birthright citizenship laws. Over 30 do, including both of the countries we border, Canada and Mexico. These laws can differ by country, and it's true that some, like the United Kingdom, have indeed abandoned them. Still, it's just untrue that the US Is unique in birthright citizenship, as Trump has repeatedly claimed. And number three, despite numbers one and two and the reality that I think this is an open and shut legal question, given all the precedent here, I do think there is actually an interesting debate to be had around the 14th Amendment's language and the argument that the people who drafted it intended to put the children of people who immigrated here illegally outside the qualifications for birthright citizenship. Unfortunately, I found most of the left's analysis of that debate absent or boring and simply avoidant of the right's main points. Instead of engaging in good faith legal or historical arguments, many are just pointing to ghoulish past comments from people in Trump's orbit and proclaiming this plan is a monument to xenophobia. So, absent this discussion from the left, I'd like to engage in the arguments from the right first of all, the 14th Amendment has been interpreted in a very specific way for a long time, and since legal precedent undergirds our current system, it is not at all likely to be overturned in court. But the language in the amendment itself is not at all crystal clear, and its historical context obscures its meaning. Further, I think Amy Swearer in the Daily Signal advanced the best argument that this language could have been misinterpreted for the last many years. Swear starts by hinging the question of birthright citizenship on what the phrase subject to the jurisdiction thereof means. Are people here illegally subject to the jurisdiction of the United States? By our contemporary understanding, the answer is yes. They must abide by our laws and we can put them in prison if they don't, or deport them if they are detained. On the other hand, there's a way to interpret jurisdiction differently. Unauthorized migrants can't vote, they don't have access to certain rights and are not recognized in many legal contexts. That could easily mean they are not subject to the jurisdiction of the United States, but to the country from which they came. To me, the crux of Swerer's argument comes in this portion of her piece. She says Senator Lyman Trumbull, the Republican from Illinois, a key figure in the adoption of the 14th Amendment, said that subject to the jurisdiction meant not owing allegiance to any other country. It seems obvious that a child born to Mexican citizens illegally in the US Is a citizen of Mexico, owes his political allegiance to Mexico, and does not meet his jurisdictional requirement in the amendment. Suare makes the case that the people who wrote the 14th Amendment intended birthright citizenship to apply to people under complete political jurisdiction of the United States not owing allegiance to any other country, end quote. She further argues that it's obvious a child of Mexican citizens illegally in the US does not meet this burden. There are some obvious holes here. Dual citizens are still under US Jurisdiction while owing another country allegiance, and Trumbull's was not the only opinion that mattered. Even so, I actually don't think Swear's last point is obvious at all. Take a personal example. As longtime readers know, I own property in West Texas and have spent my summers or winters along the US Mexico border every year since I was 13 years old. Over the years, I've met several Mexicans living here illegally who have been for decades, some since childhood. Getting to know these people, I can assure you their political allegiance is not to Mexico, but to the United States. Many feel foreign in their country of origin, and despite their illegal status here, consider the US Their home and remember it's their children we are talking about, who would be even more Americanized and have stronger allegiances to the US Than they do. In some cases, these Mexicans already have kids in their teens who know nothing of life in Mexico and don't even speak the language. Is it obvious that these people have less allegiance to America than, say, a person born in Calgary, Canada, to a Cuban mother with no U.S. citizenship and an American father like Senator Ted Cruz, the Republican from Texas? To me, it's not obvious at all. Yet ancestry citizenship makes Cruz an American, but Swerer thinks birthright citizenship shouldn't make her hypothetical Mexican one. Of course, Trump has floated some kind of exception for people brought to the US as children, but this just illustrates how the line Swear is drawing and defining political allegiance or jurisdiction is really not all that clear. Swear, like every writer I found making the case Trump has a path to undo. Birthright citizenship, also makes the point that we must draw the line somewhere. Even conservatives who disagree with her, like Jason Riley in the Wall Street Journal, under what the Right is Saying, point to the words of Walter Dellinger, a former head of the White House Office of Legal Counsel, who has said, the framers believe, quote, every child born within the territory of alien parents was a natural born subject, with the exception of children born of foreign ambassadors, of alien enemies during hostile occupation, and of aliens on a foreign vessel. In other words, by the definition we use today, there are already exceptions to the rule that every person born within the US Is granted citizenship. Which makes sense. If a Russian ambassador in the US For a month of work gave birth here, we would not consider her child a US Citizen. The same is true for the children of an invading army. So we clearly draw some lines, and the people backing Trump are just arguing that, court precedent aside, people here illegally should be on the other side of these lines in a vacuum. I think this is an interesting debate, but we don't live in a vacuum. Instead, we have over a hundred years of precedent behind the accepted interpretation of the 14th Amendment, starting with United States v. Wall Kim Arc. And people like Swear who want to overturn that precedent are a considerable minority. Even stalwart conservative judges appointed by Donald Trump, like Judge James C. Ho of the 5th U.S. circuit Court of Appeals have written that birthright citizenship is, quote, protected no less for children of undocumented persons than for descendants of Mayflower passengers, end quote. So while the thought experiment is interesting and engaging, I just don't see a world where Trump has a path to any major changes. And I don't think he'd be on the right side of this argument even without the legal wins belong against him. We'll be right back after this quick break.
Kandi Burris
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Isaac Saul
All right, that is it for my take. Which brings us to your questions answered. This one's from Jack in St. Louis, Missouri. Jack said, can you explore the juxtaposition of the United Healthcare CEO assassination versus the ex Marine who killed the man on the subway? Why is one man celebrated and the other vilified? And this goes both ways. It seems that one group of people celebrates one and hates the other and another group of people just the opposite. So we received some version of this question a lot last week and frankly, I think these two stories provide a perfect example of how our environment of hyperpartisanship seems to always force people to an extreme. If I strongly believe something, then anyone who disagrees with that thing must be my enemy. And if I strongly disagree with something, anyone that fights against that thing must be on my side. When you think like that, it's easy to see disagreements as fights and people who disagree with you as enemies. And when you're fighting an enemy, there are no half measures. So it isn't enough to dislike or disagree with Biden or Trump. You've got to lock them up. It isn't enough to criticize Israel, you have to align with Hamas. It isn't enough to say that some people struggling with homelessness or addiction are threats, but that they're literally enemies. It isn't enough to say that our healthcare system needs to be seriously reformed, but that anyone who leads a health insurer are literally enemies. This hyperpartisan framework flattens the world into comic book narratives of good versus evil and the right side versus the wrong side. And I can hear the responses now. Those are false equivalences. My thing, whichever one it is, is different. Daniel Penney was protecting people while the CEO shooter was a vigilante. Or the healthcare system is way more dangerous than mentally ill people on trains. But the question isn't about which of those things is worse, it's about why people are so forgiving of one and not the other. Think about yourself here. Were you more forgiving of Penny or the CEO shooter than the other? When you learned about either of these stories, did you see one side as the right side and one side as wrong? Think about how that changes the way you interpret things. It is really, really hard to deprogram that way of thinking. All right, that is it for your questions answered. I'm going to send it back to John for the rest of the podcast and I'll see you guys tomorrow for our Friday edition. Don't forget tangledia.supercast.com if you want to unlock those editions. And of course, if you don't want any more annoying ads, you can do that too. I'll see you guys then. Have a good one. Peace.
John Law
Thanks, Isaac. Here's your under the radar story for today, folks. The price of coffee beans has surged in 2024, with Arabica Coffee beans, the most popular beans in the world, reaching a 47 year price high this week. While adverse weather conditions in Southeast Asia are partially responsible for rising costs, consumer preferences and farmer livelihoods are also factors, according to Will Corby, director of Coffee and Social Impact at Supplier Packed Coffee, the higher prices are a natural response to conditions in the coffee trade. Huge coffee companies might say these market highs are bad news, but in reality farmers are finally being paid enough to live on, corby said. The Independent has this story and there's a link in today's episode Description all right, next up is our numbers section. The unauthorized number of babies born to unauthorized migrant parents in 2014 was 275,000, according to Pew Research. The approximate number of US born children younger than 18 living with unauthorized immigrant parents in the US in 2014 was 4.7 million. The number of countries with unrestricted Birthright citizenship is 33, according to World Population Review. The number of countries with some form of restricted Birthright citizenship is 32. The percentage of Americans in 2015 who said being born in the United States is important to be considered truly American is 58%, according to a Public Religion Research Institute survey. The percentage of Americans in 2022 who said being born in the United States is important to be considered truly American is 44%. The percentage of Americans who favor changing the Constitution to prevent children who are born in the United states to non US citizens from being granted citizenship is 42%. The percentage of Republicans who favor this change to the Constitution is 67%, and the percentage of Democrats who favor this change to the constitution is 25%. Alright, and last but not least, our have a nice day story. Animal trafficking has led to rare species from Madagascar being illegally smuggled into Thailand. But during an operation in May, Thai police recovered 1,117 animals, including the endangered species of spider, tortoises, radiated tortoises, ring tailed lemurs, and brown lemurs. Although some of these animals passed away While in captivity, 961 live animals are being repatriated to Madagascar in the largest ever effort between the two countries. CNN has this story and there's a link in today's episode description. Alright everybody, that is it for today's episode. As always, if you'd like to support our work, please go to Retangle Document and sign up for a membership. You can also go to tangled media.supercast.com to sign up for a premium podcast membership which gets you access to ad free daily podcasts, Friday editions, Sunday editions, interviews, bonus content, and so much more. I'm excited and honored to be joining Isaac and Ari on this Sunday's podcast. So the three of us will talk to you then. For the rest of the crew, this is John Law signing off. Have a fantastic weekend y'all. Peace.
Isaac Saul
Our podcast is written by me, Isaac Saul and edited and engineered by Dean Thomas. Our script is edited by Ari Weitzman, Will Kabak, Bailey Saul and Sean Brady. The logo for our podcast was made by Magdalena Bokova who is also our social Media Manager. The music for the podcast was produced by Diet75 and if you're looking for more from Tangle, please go check out our website@readtangle.com that's retangle.com.
Kandi Burris
Holiday shopping is here and Amazon Live has got you covered. Shop for the perfect gift from the comfort of your home with Amazon Live's shoppable video Experience. Discover the hottest products from influencers and shop while you watch this season. Join Kandi Burris from Real Housewives in her holiday Amazon Live series Generation Face off, where Kandi, her mom, Mama Joyce and daughter Riley share their favorite stocking stuffers and go to gifts across fashion, beauty and more. Watch and shop new episodes of Kandi's series Generation Face off now by going to Amazon.com candylive that's Amazon.com candylive for a limited time use promo code Kandi live for $5 off an eligible product featured on the first episode of the series. That's K A N D I L I V E promotion expires on December 25, 2024 limited supply of goods Terms and conditions apply. For full promotion terms and conditions go to Amazon.com candyterms we all have dreams.
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Podcast Summary: Tangle – Episode: Trump’s Birthright Citizenship Comments
Host: Isaac Saul
Guest: John Law
Release Date: December 12, 2024
Episode Title: Trump’s Birthright Citizenship Comments
Isaac Saul opens the episode by introducing the central topic: former President Donald Trump's efforts to end birthright citizenship in the United States. He outlines the discussion's framework, which includes the historical background of the 14th Amendment, Trump’s proposals, and diverse viewpoints from across the political spectrum.
Notable Quote:
Isaac Saul [01:50]: “On today's episode, we're going to be talking about the birthright citizenship debate. That's right. Donald Trump is pushing to end birthright citizenship.”
John Law provides an overview of recent developments related to birthright citizenship, highlighting Trump’s intention to seek changes through executive actions or potentially a constitutional amendment.
Notable Quote:
John Law [06:48]: “You promised to end birthright citizenship on day one. Is that still your plan?”
The discussion delves into the 14th Amendment’s Citizenship Clause, which guarantees citizenship to all persons born or naturalized in the United States. The Supreme Court’s 1898 decision in United States v. Wong Kim Ark affirmed the constitutionality of jus soli (birthplace-based citizenship).
Notable Quote:
Isaac Saul [07:00]: “The citizenship clause of the 14th Amendment guarantees citizenship to all persons born or naturalized in the United States and subject to the jurisdiction thereof.”
John Law elaborates on Trump’s proposal, including his statements in an interview with NBC’s Kristen Welker, where he called birthright citizenship “ridiculous” and suggested executive actions to restrict citizenship to children with at least one citizen or lawful permanent resident parent.
Notable Quote:
John Law [07:06]: “In his interview with Welker, Trump suggested that he could take the issue back to the people if executive action failed, suggesting passing a constitutional amendment.”
The right-leaning viewpoints are explored, presenting arguments favoring Trump's stance:
Amy Swerer (Daily Signal): Argues that Trump can end universal birthright citizenship by interpreting the 14th Amendment’s “subject to the jurisdiction thereof” clause to exclude unauthorized immigrants.
Notable Quote:
Amy Swerer [08:20]: “Subject to the jurisdiction thereof meant not owing allegiance to any other country.”
Daniel McCarthy (New York Post): Suggests that ending birthright citizenship could help address the border crisis by preventing unauthorized immigrants from gaining citizenship through birth.
Notable Quote:
Daniel McCarthy [09:00]: “Trump is trying to restore us to the understanding of citizenship held by the framers of the amendment that guaranteed equal protection for all Americans.”
Jason L. Reilly (Wall Street Journal): Criticizes Trump’s approach, arguing that ending birthright citizenship would counteract efforts to reduce the illegal population and punish children for their parents' immigration status.
Notable Quote:
Jason L. Reilly [10:15]: “Ending birthright citizenship would almost certainly be at cross purposes with his larger goal.”
Left-leaning viewpoints strongly oppose Trump’s proposal, emphasizing the constitutional guarantees and potential social repercussions:
Jeff Jacoby (Boston Globe): Asserts that birthright citizenship is a constitutional right protected by the 14th Amendment and cannot be unilaterally revoked by the president.
Notable Quote:
Jeff Jacoby [12:04]: “Birthright citizenship is a constitutional mandate enshrined in the 14th Amendment.”
Max Burns (The Hill): Labels Trump’s plan as “authoritarianism 101,” arguing that it undermines democratic principles and constitutional interpretations.
Notable Quote:
Max Burns [12:45]: “Birthright citizenship is a constitutional right that Trump can't revoke.”
Ed Kilgore (New York Magazine): Suggests that Trump’s attack on birthright citizenship is part of a broader strategy to implement restrictive immigration policies, potentially paving the way for more draconian measures.
Notable Quote:
Ed Kilgore [13:30]: “Trump and Miller may simply want to begin their nativist crusade with the most expansive and audacious proposals in their arsenal.”
Isaac Saul offers his perspective, expressing skepticism about the feasibility of Trump successfully ending birthright citizenship. He highlights the strength of judicial precedents and the constitutional challenges such an executive action would face.
Key Points:
Legal Feasibility: Doubts the likelihood of the Supreme Court supporting Trump's efforts to override established precedents like Wong Kim Ark.
Notable Quote:
Isaac Saul [20:20]: “I am extremely skeptical that Trump is going to change birthright citizenship or related precedent in the United States.”
Global Context: Contradicts Trump’s assertion that the U.S. is unique in its birthright citizenship by noting that over 30 countries, including Canada and Mexico, have similar laws.
Notable Quote:
Isaac Saul [21:10]: “It is not true that other countries don't have birthright citizenship laws.”
Debate on the 14th Amendment’s Interpretation: While recognizing the historical and legal complexities, Saul argues that the majority consensus and long-standing interpretations make it unlikely for Trump's efforts to succeed without significant constitutional changes.
Notable Quote:
Isaac Saul [22:50]: “The language in the amendment itself is not at all crystal clear, and its historical context obscures its meaning.”
A listener from St. Louis, Missouri, raises a question comparing public reactions to different acts of violence against corporate figures versus military personnel, prompting a broader discussion on societal polarizations.
Isaac Saul’s Response:
Hyperpartisanship: Highlights how extreme political divides enforce binary thinking, where disagreements escalate to viewing opponents as enemies.
Notable Quote:
Isaac Saul [29:07]: “Our environment of hyperpartisanship seems to always force people to an extreme.”
False Equivalences: Critiques the tendency to equate unrelated events, emphasizing the importance of nuanced understanding over simplified narratives.
Notable Quote:
Isaac Saul [29:07]: “The question isn't about which of those things is worse, it's about why people are so forgiving of one and not the other.”
Isaac Saul concludes by reiterating his skepticism regarding the success of Trump's birthright citizenship initiatives. He underscores the entrenched legal and societal frameworks that uphold the current interpretation of the 14th Amendment, suggesting that significant constitutional amendments would be required to effectuate such changes.
Notable Quote:
Isaac Saul [27:33]: “We have over a hundred years of precedent behind the accepted interpretation of the 14th Amendment.”
While the primary focus of the episode centers on Trump’s birthright citizenship comments, the podcast also includes other segments such as:
News Highlights: Covering topics like the resignation of FBI Director Christopher Wray, Hamas’ ceasefire negotiations, the halted Kroger-Albertsons merger, President Biden’s clemency actions, and the legal battle over The Onion’s attempt to purchase Infowars.
Listener Engagement: Addressing questions from listeners about societal issues related to hyperpartisanship and public perception.
Statistical Insights: Presenting data on unauthorized births, public opinion on citizenship, and attitudes towards constitutional changes.
Under the Radar Stories: Highlighting issues like the surge in coffee bean prices and efforts to combat animal trafficking.
Note: Advertisements, sponsorship messages, and promotional content have been excluded from this summary to maintain focus on the episode's substantive discussions.
Final Thoughts
This episode of Tangle provides a comprehensive examination of the contentious issue of birthright citizenship in the United States, contextualizing Trump’s proposals within historical legal frameworks and contemporary political debates. Through balanced perspectives from both sides of the political spectrum and thoughtful analysis by host Isaac Saul, listeners gain a nuanced understanding of the complexities surrounding citizenship laws and immigration policy.