The Charlie Kirk Show Birthright Citizenship at SCOTUS Explained
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Apr 1, 2026 Kale Conway, a college chaplain who found renewed faith on campus. Dr. Matt Spaulding, a constitutional scholar and dean specializing in the 14th Amendment. Will Chamberlain, a legal commentator focused on Supreme Court arguments. They debate the scope of birthright citizenship, historical meaning of "subject to the jurisdiction," possible middle-ground rulings, and real-world issues like birth tourism and policy responses.
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Indian Exclusion Shows Parentage Shaped Citizenship
- The Indian exclusion from 1860s debates is key evidence the Citizenship Clause required more than birthplace.
- Matt Spaulding and Will Chamberlain note American Indians weren't covered by the 14th Amendment, showing parentage/domicile mattered.
Wong Kim Ark Applies To Domiciled Lawful Residents
- Wong Kim Ark is limited to children of permanent lawful residents, not temporary visitors or undocumented entrants.
- Both guests argue the case doesn't control children of unlawful or temporary entrants, opening original-meaning inquiry on the 14th.
Use Executive Policy When Congress Fails To Act
- Until Congress enacts clarifying legislation, the executive can set immigration citizenship policy by executive order.
- Matt Spaulding says the president's order fills a legal-policy gap while Congress remains inactive.