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The Minnesota Scandals and Birthright Citizenship

In yesterday’s edition of the American Experiment Podcast, Kathryn and Grace reviewed the latest developments in the Minnesota state government scandals that have become world-infamous. They also touched on the public bathroom crisis in Minneapolis, as that city continues to spiral downward.

In the second half of the podcast, starting at 25:21, they interviewed University of Minnesota law professor Ilan Wurman, the leading authority on birthright citizenship under the Fourteenth Amendment. In this interview, Ilan explicates common law understanding of the relationship between non-citizen and sovereign to interpret the somewhat enigmatic phrase “and subject to the jurisdiction thereof,” on which the case will turn.

Ilan’s conclusion is that the children of illegal aliens born in the United States should not be citizens of this country under the Fourteenth Amendment. This interview was recorded last week, and a few days later Ilan’s prediction that the Supreme Court would hear the case that directly poses the birthright citizenship issue came true. If the Court rules that the children of illegal aliens are not citizens–a question that the Court has never before addressed–it undoubtedly will rely heavily on Ilan’s scholarly paper on the subject. This is a good opportunity to understand one of the most important issues the Court will rule on next year.

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