Constitutional Action
About this episode
The episode discusses the implications of recent judicial arguments regarding birthright citizenship and the Constitution.
[What follows is a transcript. Please excuse errors.] It’s a great day to talk about the Constitution — because today, apparently, we get to hear whether Ketanji Brown Jackson and Amy Coney Barrett think that we should have a country. EXIT is a fraternity dedicated to shorting managerial systems and building the human institutions that come next. Learn more here: They’re ruling today on whether or not a Chinese Communist Party senior official can ejaculate into a cup, have that cup flown to Saipan, impregnate 10 or 20 or 50 surrogates (this is a real thing that happens), have those surrogates give birth on Saipan Island, then immediately fly all 10 or 20 or 50 children back to China as full American citizens. American as you and me. And Justice Jackson has made the elegant argument that if she were to steal a wallet in Japan, that she would be subject to Japanese law, which is, in her words, “in a sense, allegiance.” If you steal a wallet in Japan and you are arrested by the Japanese authorities and sentenced by a Japanese judge, you are essentially Japanese. Amy Coney Barrett says we can’t strike down birthright citizenship for illegal migrants because what if you don’t know who…
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