EPISODE · Jul 7, 2026 · 57 MIN
Birthright Citizenship: What the Supreme Court Got Wrong | Dr. John Eastman
from The Jenny Beth Show · host Jenny Beth Martin, John Eastman
Dr. John Eastman is one of the country's leading constitutional scholars. He clerked at the United States Supreme Court, has been involved in more than 200 cases before the Court, and founded a constitutional litigation center more than 25 years ago dedicated to restoring the principles of the American founding. Host Jenny Beth Martin is co-founder of the Tea Party movement and Chairman of Tea Party Patriots Action. Key topics: Why the 6-3 birthright citizenship headline is wrong and the real vote was 5-4 What "subject to the jurisdiction thereof" meant to the men who wrote the Fourteenth Amendment The 1898 Wong Kim Ark decision and the history the majority ignored Justice Thomas's 91-page dissent and Justice Alito's warning Trump v. Slaughter, the end of Humphrey's Executor, and restored presidential power What Congress can do now, and the Dred Scott precedent for pushing back The Court's ruling protecting girls' sports Timestamps: 00:00 — The SAVE America Act sits stalled in the Senate 01:49 — Maine's Senate race and the Susan Collins math 03:21 — Trump at the NATO summit; the Charlie Kirk hearing begins 04:51 — A landmark Supreme Court term 05:23 — Call to action: pass the SAVE America Act 06:37 — Dr. John Eastman joins; celebrating America's 250th 07:20 — Was this really a consequential term? 08:47 — Trump v. Slaughter and restored presidential power 16:31 — Birthright citizenship: why the number is wrong 21:01 — Wong Kim Ark and the history the Court ignored 25:42 — The dissents and what Congress can do 41:19 — Judicial supremacy, Lincoln, and Dred Scott 46:37 — Ten years from the escalator to the border 49:16 — The Court protects girls' sports 52:09 — Calls to action and a 250-year close Links: teapartypatriots.org, jennybethshow.com, passthesaveamericaact.com. Call the Capitol switchboard at 202-224-3121.
What this episode covers
Birthright citizenship just went to the Supreme Court, and the ruling was not what the headlines told you. On this episode of The Jenny Beth Show, Jenny Beth Martin sits down with Dr. John Eastman, one of the country's leading constitutional scholars, for a full hour on the most consequential Supreme Court term in a generation. Every major case this term asked the same question: who actually governs America, the people through the Constitution, or unelected judges, bureaucrats, and activists? Eastman explains why the 6-3 birthright citizenship headline is misleading, why the real constitutional vote was 5-4, and why the Fourteenth Amendment does not confer automatic citizenship on the children of illegal immigrants or temporary visitors. He walks through the 1866 Civil Rights Act, the 1898 Wong Kim Ark decision the Court misread for 125 years, Justice Thomas's 91-page dissent, and Justice Alito's warning that this is one of the most profoundly wrong decisions in American history. He also breaks down Trump v. Slaughter, the ruling that ended a 90-year-old precedent and restored the President's authority over the executive branch, and the Court's decision protecting girls' sports. Dr. John Eastman is a constitutional scholar who clerked at the Supreme Court, has been involved in more than 200 cases there, and founded a constitutional litigation center more than 25 years ago. Learn more and take action at teapartypatriots.org and jennybethshow.com.
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Birthright Citizenship: What the Supreme Court Got Wrong | Dr. John Eastman
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