Who Gets to Be American? A History of Birthright Citizenship on Trial (July 2025)

About this episode

This episode explores the history and legal battles surrounding birthright citizenship in America, particularly focusing on the Supreme Court's recent ruling and its historical context.

The Supreme Court just upheld birthright citizenship, striking down Trump's executive order in a 6-3 ruling that leans directly on a case 130 years in the making. We're re-releasing our deep dive into Wong Kim Ark — the Chinese American son of immigrants who won this exact fight at the Supreme Court in 1898 — because Chief Justice Roberts built this week's decision on Wong's story, by name. In this episode: the history of the 14th Amendment, the Chinese Exclusion Act, Julia Lynch's 1844 citizenship case, and how "subject to the jurisdiction thereof" has been the most contested phrase in American immigration law for over a century. Plus a new opening and closing segment breaking down this week's ruling, the rejected "domicile" argument, and why the fight isn't actually over. Birthright citizenship. The 14th Amendment. American identity. Immigration history. All still unfinished business. Show Notes Episode Summary Originally released in 2025, this episode traces the legal and racial history of birthright citizenship in America — from the Naturalization Act of 1790 through Wong Kim Ark (1898), Lynch v. Clarke (1844), and Trump's January 2025 executive order. This re-release adds…

People in this episode

Host: Saadia Khan

Topics covered

• birthright citizenship
• 14th Amendment
• American identity
• immigration history
• Supreme Court rulings
• racial history

Keywords

• birthright citizenship
• Wong Kim Ark
• 14th Amendment
• Supreme Court
• Trump executive order
• immigration law
• racial history
• Chinese Exclusion Act

Mentioned in this episode

Organizations: Supreme Court, Trump, Barbara

Books & works: Lynch v. Clarke, Naturalization Act of 1790, 14th Amendment, Chinese Exclusion Act

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