The Great Birthright Citizen Debate

The Great Birthright Citizen Debate

August 11, 2025 · 1h 2m

About this episode

A debate on the constitutional meaning and historical origins of birthright citizenship moderated by Charles C.W. Cooke.

Charles C.W. Cooke moderates a spirited debate between John Yoo and Richard Epstein on the constitutional meaning and historical origins of birthright citizenship. Drawing on legal precedent, originalist interpretation, and Reconstruction-era history, the two scholars explore whether Wong Kim Ark was rightly decided, how “subject to the jurisdiction” should be understood, and what the policy implications are for modern immigration.

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