Birthright Citizenship and Presidential Removal: A Historical Deep Dive

Unpacking the history behind the Court’s biggest casesSHOW NOTES: In this episode of The Blessings of Liberty, leading originalism and executive power scholars Jed Shugerman and Ilan Wurman break down the historical arguments underlying two of the Court’s most consequential cases this term: Trump v. Barbara (the birthright citizenship case) and Trump v. Slaughter (the presidential removal power case). Jeffrey Rosen moderates.  Participants Jed Shugerman is a Professor, Joseph Lipsitt Scholar, and Henry Elwood Warren Scholar at Boston University School of Law. The author of several law review articles about the original public meaning of Article II, he is currently working on two books on the history of executive power and prosecution in America.Illan Wurman is the Julius E. Davis Professor of Law at the University of Minnesota, where he teaches administrative law and constitutional law. He hosts the podcast rationally BASED, and his new book is The Constitution of 1789: An Introduction.Jeffrey Rosen is a senior fellow at the Foundation for Individual Rights and Expression (FIRE) and CEO Emeritus of the National Constitution Center. He is also a professor of law at the George Washington University Law School and a contributing writer of The Atlantic. Additional ResourcesTrump v. Barbara (2026)Trump v. Slaughter (2026)Jed Shugerman, Brief Amicus Curiae in Support of Respondents [Trump v. Slaughter] (11/14/2025)Jed Shugerman, Brief of Originalist Scholars Evan D. Bernick and Jed H. Shugerman As Amici Curiae Supporting Respondents, [Trump v. Barbara] (2/26/2026)Ilan Wurman, Brief of Amicus Curiae Professor Ilan Wurman in Support of Petitioners [Trump v. Slaughter] (10/16/2025)Ilan Wurman, Brief of Amicus Curiae Professor Ilan Wurman in Support of Petitioners [Trump v. Barbara] (1/27/2026)Stay Connected and Learn MoreThank you to our presenting sponsor, FIRE, a nonpartisan nonprofit dedicated to defending and sustaining the individual rights of all Americans—especially freedom of speech and free thought. Learn more about FIRE’s work at FIRE.org/blessings.