Live at the National Constitution Center

The Future of Birthright Citizenship: A Constitutional Debate

Listen Later

President Donald Trump’s executive order seeking to end birthright citizenship has reignited debates over the 14th Amendment and the meaning of citizenship in America. Legal experts Gabriel Chin of the University of California, Davis School of Law; Amanda Frost of the University of Virginia School of Law; Kurt Lash of the University of Richmond School of Law; and Ilan Wurman of the University of Minnesota Law School analyze the legal challenges surrounding birthright citizenship, explore the constitutional and historical arguments on all sides of this debate, and discuss its broader implications for immigration. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.


Resources

  • Trump v. CASA, Inc., United States Court of Appeals for the Fourth Circuit (2025)
  • Trump v. Washington, United States Court of Appeals for the Ninth Circuit (2025)
  • Trump v. New Jersey, United States Court of Appeals for the First Circuit (2025)
  • Amanda Frost, You Are Not American: Citizenship Stripping from Dred Scott to the Dreamers (2021)
  • Amanda Frost, “The Coming Assault on Birthright Citizenship,” The Atlantic (Jan. 7, 2025)
  • Ilan Wurman and Randy Barnett, “Trump Might Have a Case on Birthright Citizenship,” The New York Times (Feb. 15, 2025)
  • Ilan Wurman, “Jurisdiction and Citizenship,” Minnesota Legal Studies Research Paper No. 25-27 (April 14, 2025)
  • Gabriel “Jack” Chin and Paul Finkelman, “Birthright Citizenship, Slave Trade Legislation, and the Origins of Federal Immigration Regulation,” UC Davis Law Review, Vol. 54 (April 8, 2021)
  • Gabriel J. Chin, “America Has Freaked Out Over Birthright Citizenship For Centuries,” Talking Points Memo (Aug. 2015)
  • Kurt Lash, “Prima Facie Citizenship: Birth, Allegiance and the Fourteenth Amendment's Citizenship Clause,” SSRN (Feb. 22, 2025)
  • Kurt Lash, The Fourteenth Amendment and the Privileges and Immunities of American Citizenship (2014)


    • Stay Connected and Learn More

    • Questions or comments about the show? Email us at ⁠[email protected]⁠
    • Continue the conversation by following us on social media @ConstitutionCtr.
    • ⁠Sign up⁠ to receive Constitution Weekly, our email roundup of constitutional news and debate.
    • Follow, rate, and review wherever you listen.
    • Join us for an upcoming ⁠live program⁠ or watch recordings on ⁠YouTube⁠.
    • Support our important work.

      • ⁠Donate

      ...more
      View all episodesView all episodes
      Download on the App Store
      Live at the National Constitution CenterBy National Constitution Center
      • 4.7
      • 4.7
      • 4.7
      • 4.7
      • 4.7

      4.7

      141 ratings

      More shows like Live at the National Constitution Center

      View all
      Amicus With Dahlia Lithwick | Law, justice, and the courts by Slate Podcasts

      Amicus With Dahlia Lithwick | Law, justice, and the courts

      3,488 Listeners

      Listening to America by Listening to America

      Listening to America

      1,132 Listeners

      Rational Security by The Lawfare Institute

      Rational Security

      1,949 Listeners

      We the People by National Constitution Center

      We the People

      1,120 Listeners

      Conversations with Bill Kristol by Bill Kristol

      Conversations with Bill Kristol

      2,001 Listeners

      The Lawfare Podcast by The Lawfare Institute

      The Lawfare Podcast

      6,281 Listeners

      Civics 101 by NHPR

      Civics 101

      2,532 Listeners

      The DSR Network by The DSR Network

      The DSR Network

      1,760 Listeners

      The Bulwark Podcast by The Bulwark

      The Bulwark Podcast

      12,246 Listeners

      Strict Scrutiny by Crooked Media

      Strict Scrutiny

      5,742 Listeners

      Advisory Opinions by The Dispatch

      Advisory Opinions

      3,870 Listeners

      The Ezra Klein Show by New York Times Opinion

      The Ezra Klein Show

      16,083 Listeners

      Amarica's Constitution by Akhil Reed Amar

      Amarica's Constitution

      383 Listeners

      Divided Argument by Will Baude, Dan Epps

      Divided Argument

      737 Listeners

      The Just Security Podcast by Just Security

      The Just Security Podcast

      193 Listeners