Talk about Birthright Citizenship and the 14th Amendment of the U.S episode artwork

EPISODE · Apr 1, 2026 · 10 MIN

Talk about Birthright Citizenship and the 14th Amendment of the U.S

from The Charlie James Show Podcast

The debate over birthright citizenship centers on the interpretation of the 14th Amendment, which states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens." While legal precedent has long held that this applies to nearly everyone born on U.S. soil, critics argue the "jurisdiction" clause should exclude children of undocumented or temporary residents. Proponents of this shift believe citizenship should require at least one parent to be a citizen or legal resident, while opponents maintain that the amendment’s plain language provides an ironclad guarantee that cannot be altered by executive order or simple legislation.

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00:00 Artemis 2 is still scheduled to go off at 624. That's about an hour and 20 something minutes. 18 minutes. So I got to see a rocket launch down in Coco, years ago, long time ago. And it's amazing because they down there in Coco, at least they did, there was a radio station. 00:27 that you could tune to and you could hear all the communication with um mission control. And they had like, I don't know, I'm just gonna guess 30, maybe more, different people that had to go, you had to go down the checklist. Number one, clear, go. Number two, go. Number three, go. If anybody in that chain, 00:56 anybody in that chain says stop, the whole thing stops. And that's a good thing. That's a real good thing. So again, what, 624 this evening. It's going to be the Artemis launch. Also, we're to talk a little bit coming up in just a second about birthright citizenship. Let's go to John in Waynesville. John, welcome. Hey, Charlie. I just want to bring something that's going on. 01:40 kindergartens, cultural centers, and other public buildings for the drone production, assembly, storage, and the air defense equipment work. So Russia is attacking these sites, and they say they're endangering their people, but they've got to do it. So just keep that in mind when you hear these news reports coming out. All right. I appreciate it, John. Thank you very much. So um tonight, well, today in the Supreme Court, they... 02:09 We're talking about birthright citizenship. And there were some liberals out there, were like, because President Trump was actually in attendance in the Supreme Court today while they were deliberating. And these liberals out there, they were going like, uh Charlie, why is the president in the Supreme Court? He's not supposed to be there. We have separation of powers. Charlie is not supposed to be there. Oh, really? 02:37 So the president's not supposed to be in the Supreme Court during oral arguments? Well then why, pray tell, is there a special chair for the president in the Supreme Court? Every time the Supreme Court gets together, there's a chair. Now granted, this chair hasn't been used in a long time. 03:04 But there is a reserved chair for the President of the United States. So, the President can be in the Supreme Court. And good for him that he was. 03:19 They just lost their minds. I want you to listen to this because, I mean, this is going to be a very important issue. The Supreme Court, of course, looking at all of this, the key phrase that they're going to be looking at is subject to the jurisdiction thereof. All right? So people born in the United States and subject to the jurisdiction thereof, that's the phrase they're looking at right now. 03:48 That's where all the focus is. The wording of the 14th Amendment, this is from the Epoch Times, the wording of the 14th Amendment indicates that merely being born within the U.S. borders is not enough for citizenship. That's particularly why the Supreme Court in the 19th century decision said that children of foreign diplomats and those born in Native American territory do not receive citizenship. They receive dual citizenship now. But one of the main questions 04:17 is why and how these groups of people might differ from the children of illegal immigrants. The American Civil Liberties Union, which represents children and their mothers, has argued that people are subject to the U.S. jurisdiction if they're obligated to follow its laws. Diplomats and Native Americans are excluded because they belong to other sovereign nations. The Justice Department has focused more on the concept of allegiance, namely, 04:48 that illegal immigrant parents lack allegiance to the United States and therefore aren't fully subject to the country's jurisdiction. Last year, the Supreme Court issued a landmark decision lifting several blocks on Trump's policy, but did so in a limited way. That decision was known as Trump v. Casa. That only clarified how far judges could go ...

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