Amicus With Dahlia Lithwick | Law, justice, and the courts - Immigration Myths and Birthright Citizenship

Next month, the Supreme Court will hear arguments in the birthright citizenship case, Trump v. Barbara. It’s still somewhat unbelievable that the high court will entertain arguments in favor of gutting an utterly clear constitutional commitment. Nonetheless, our motto on Amicus is “legal knowledge is power,” and in this case, historical understanding of legal knowledge … is power. On this week’s show, Dahlia Lithwick interviews constitutional and immigration scholar Anna O. Law about her forthcoming book, Migration and the Origins of American Citizenship.

In preparation for a lot of very bad originalist takes, Lithwick and Law discuss how immigration actually worked in the colonial and pre-Civil War eras and why the framers of the Reconstruction Amendments (including the birthright citizenship clause of the 14th Amendment) meant exactly what they said and said exactly what they meant. Law also explains how and why Wong Kim Ark affirmed birthright citizenship for children of Chinese immigrants, and emphasizes that the words “subject to the jurisdiction” had narrow historical exceptions. Finally, a reminder that the framers of the 14th Amendment chose to constitutionalize citizenship rather than establish it in statute—in anticipation of exactly the situation America finds itself in today.

Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.

Hosted on Acast. See acast.com/privacy for more information.

Tämä jakso on lisätty Podme-palveluun avoimen RSS-syötteen kautta eikä se ole Podmen omaa tuotantoa. Siksi jakso saattaa sisältää mainontaa.

Jaksot(4797)

Amicus With Dahlia Lithwick | Law, justice, and the courts - Trump’s Slush Fund Is Even Worse Than You Thought

Donald Trump's $1.8 billion "anti-weaponization" settlement fund has stunned legal experts—not just because it's corrupt, but because of how skillfully and transparently it is designed to protect the ...

23 Touko 1h 11min

Slate Money - Theories on Trump’s Trading Frenzy

This week: It was revealed that Donald Trump’s investment portfolio made a stunning 3,600 trades in one quarter. Felix Salmon, Elizabeth Spiers, and Emily Peck, discuss theories on why the hell anyon...

23 Touko 53min

What Next: TBD | Tech, power, and the future - Can Patreon Build a Better Internet?

The promise of an “internet for niche communities” and “the empowered independent creator” has been taking a beating as the web has become less open and increasingly dominated by a few platforms and p...

22 Touko 34min

Political Gabfest - Corruption Never Stops

This week, Emily Bazelon, John Dickerson, and David Plotz discuss what Trump is actually trying to buy with his blatantly corrupt "anti-weaponization" slush fund and self-dealing, why Trump can exact ...

21 Touko 1h 2min

What Next - Is FEMA Heading Towards Disaster?

When Cameron Hamilton testified to Congress that he did not believe “it is in the best interest of the American people to eliminate the Federal Emergency Management Agency,” he was fired from his job ...

21 Touko 25min

What Next - Pour One Out for Stephen Colbert

The late-night show is a staple of network television—maybe even one that has held on past its era. Still, that doesn’t mean The Late Show with Stephen Colbert had to end like this. Guest: Adam Conove...

20 Touko 26min

What Next - A Tale of Two Weenies

With his approval rating dropping to its lowest point yet this term, why are politicians still giving in to Donald Trump? As Senator Bill Cassidy found out, Trump still has enough juice to sink a Repu...

19 Touko 24min

What Next - ICE Dragged Her from Her Car. She Says, See You In Court.

On her way to a doctor’s appointment in January, a Minneapolis woman was surrounded by ICE agents who smashed her car’s window, cut her seat belt and dragged her out, while she tried to explain that s...

18 Touko 26min