Birthright for WE THE PEOPLE! NOT for INVADERS & TOURISTS!

Quick Overview

The video discusses legal arguments surrounding birthright citizenship under the 14th Amendment, specifically citing a Harvard Law Review article by Steven J. Menashi which argues that the original intent of the Citizenship Clause excluded children born in the U.S. to parents who were not subject to U.S. jurisdiction, such as temporary visitors or illegal aliens, and the speaker references opposing scholarly arguments and historical context to support the interpretation that birthright citizenship should not automatically apply in these cases.

Key Points: The speaker analyzes a Harvard Law Review article by Steven J. Menashi arguing that the 14th Amendment's Citizenship Clause was intended to exclude children of temporary visitors and illegal aliens. Menashi's argument relies on historical context, specifically citing Senator Reverdy Johnson's interpretation that the clause applied only to persons born in the U.S. not subject to some foreign power. The article notes that early circuit court judges voiced doubts about the Executive Order attempting to limit birthright citizenship, with one judge calling the government action 'blatantly unconstitutional.' The discussion highlights the historical understanding that citizenship depended on not being subject to a foreign power, referencing the concept of 'allegiance' and 'domicile' from common law sources. The speaker references the Supreme Court case Wong Kim Ark but notes that the Court's holding was limited to parents with 'permanent domicile and residence' who had lawfully entered the country. The speaker mentions a specific finding that the status of a child follows that of the parents, contrasting this with the broad interpretation of birthright citizenship. The host promotes his own 'Law of Self Defense Principles' course, offering it at 50% off, and encourages viewers to subscribe to The Branca Show.

Context: The video is a segment from "The Andrew Branca Show" (Episode #1206) where the host, an attorney, reviews and discusses a specific Harvard Law Review article titled "The Birthright Citizenship Debate" by Steven J. Menashi. The core topic is the legal and historical interpretation of the Citizenship Clause of the Fourteenth Amendment, particularly regarding whether it grants automatic citizenship to children born on U.S. soil to parents who are not U.S. citizens or lawful permanent residents.