Cato Podcast Birthright Citizenship on Trial
Apr 7, 2026
David Bier, immigration policy expert, and Dan Greenberg, constitutional legal scholar, debate the four words in the 14th Amendment. They unpack the administration's novel jurisdiction theory, trace historical precedents like Wong Kim Ark and Dred Scott, and discuss practical stakes such as enforcement, birth tourism, retroactivity, and the push for constitutional amendment.
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14th Amendment Restored Broad Birthright Citizenship
- The 14th Amendment's citizenship clause grants citizenship to "all persons born or naturalized in the United States and subject to the jurisdiction thereof," restoring English common-law birthright after Dred Scott.
- Thomas A. Berry notes senators debated explicitly that children of gypsies and Chinese born in U.S. would be citizens, showing original public meaning supported broad birthright rules.
What "Subject To The Jurisdiction" Traditionally Meant
- "Subject to the jurisdiction" traditionally means subject to U.S. law, with narrow exceptions: invading soldiers and children of diplomats.
- Dan Greenberg explains the administration's novel meaning requires some affirmative allegiance or contractual agreement to U.S. law.
Birthright Citizenship Is Deeply Rooted In Anglo‑American Law
- Birthright citizenship predates the 14th Amendment and was the long-standing Anglo-American rule, with the amendment primarily correcting Dred Scott-era exclusions.
- David Bier emphasizes it was effectively the law for 250 years, with tiny exceptions like Native Americans and enslaved people.