About this episode

Nick discusses birthright citizenship and its legal implications with Professor Ilan Wurman.

This week on Moment of Truth , Nick sits down with Professor Ilan Wurman of the University of Minnesota Law School for one of the most illuminating legal conversations the show has ever had. Wurman makes the full originalist case that the conventional wisdom on birthright citizenship rests on two shaky pillars: a misreading of the common law and a misreading of the 14th Amendment. He explains why birth alone was never actually the rule at common law, what "subject to the jurisdiction thereof" really meant to the people who wrote it, and why the social compact theory changes everything. He also gives his honest read on Trump v. Barbara, what he thinks the Supreme Court will do, and what Congress could do right now if it decided to act. This one is for immigration hawks and legal eagles alike. Follow Ilan: https://x.com/ilan_wurman Check out his podcast: https://x.com/rationallypod Find his book: https://www.cambridge.org/us/universitypress/subjects/law/constitutional-and-administrative-law/constitution-1789-new-introduction?format=PB&isbn=9781009485692 This episode is brought to you by STAED, the official drink of Moment of Truth. Follow American Moment across Social Media: X…

People in this episode

Host: Nick

Guest: Ilan Wurman

Topics covered

• birthright citizenship
• originalism
• 14th Amendment
• immigration law
• Supreme Court
• legal theory

Keywords

• birthright citizenship
• originalism
• 14th Amendment
• common law
• immigration
• Supreme Court
• legal analysis

Sponsors

STAED

Mentioned in this episode

Organizations: University of Minnesota Law School, American Moment, Cambridge University Press

Books & works: Trump v. Barbara, Constitution

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