The Briefing with Michael Waldman

The Guarantee of Birthright Citizenship


Listen Later

On the first day of his second term, President Trump issued an executive order purporting to strip U.S. citizenship from the children of undocumented immigrants. The order directly conflicts with the plain language of the 14th Amendment, which states that “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.” And it defies more than a century of case law. 


The executive order was met with a wave of court rulings blocking its enforcement, and the Supreme Court has already heard arguments on the issue. What historical currents led to the ratification of the amendment’s Citizenship Clause? How did courts interpret its guarantees in the decades following? And how do today’s attacks on birthright citizenship relate to historical attempts to deny citizenship to people born and living in the United States?


Speakers:

  • Kate Masur, Professor of History, Northwestern University
  • Martha Jones, Professor of History, Johns Hopkins University
  • Erika Lee, Bae Family Professor of History, Radcliffe Alumnae Professor, Harvard University
  • Thomas Wolf, Director of Democracy Initiatives, Founder of Historians Council on the Constitution, Brennan Center
  • Moderator: Kareem Crayton, Vice President for Washington, DC, Brennan Center


Recorded on June 11, 2025.


Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing



This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit brennancenter.substack.com
...more
View all episodesView all episodes
Download on the App Store

The Briefing with Michael WaldmanBy Brennan Center

  • 5
  • 5
  • 5
  • 5
  • 5

5

21 ratings


More shows like The Briefing with Michael Waldman

View all
The New Yorker Radio Hour by WNYC Studios and The New Yorker

The New Yorker Radio Hour

6,740 Listeners

The NPR Politics Podcast by NPR

The NPR Politics Podcast

25,872 Listeners

On the Media by WNYC Studios

On the Media

9,182 Listeners

The Political Scene | The New Yorker by WNYC Studios and The New Yorker

The Political Scene | The New Yorker

3,978 Listeners

Democracy Now! Audio by Democracy Now!

Democracy Now! Audio

5,710 Listeners

The Brian Lehrer Show by WNYC

The Brian Lehrer Show

1,571 Listeners

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

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

3,526 Listeners

We the People by National Constitution Center

We the People

1,118 Listeners

Radio Atlantic by The Atlantic

Radio Atlantic

2,323 Listeners

Stay Tuned with Preet by Preet Bharara

Stay Tuned with Preet

32,374 Listeners

Strict Scrutiny by Crooked Media

Strict Scrutiny

5,769 Listeners

Brian Lehrer: A Daily Politics Podcast by WNYC Studios

Brian Lehrer: A Daily Politics Podcast

671 Listeners

The Ezra Klein Show by New York Times Opinion

The Ezra Klein Show

16,051 Listeners

Lever Time by David Sirota

Lever Time

562 Listeners

The Just Security Podcast by Just Security

The Just Security Podcast

201 Listeners