The Matt Walsh Show - Ep. 1805 - Dismantling the Disastrous 'Birthright Citizenship' Decision in 45 minutes

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00:00:30.000 The Supreme Court's ruling on birthright citizenship, which awards citizenship to anyone whose parents managed to sneak onto American soil and play hide and seek for long enough to give birth like our country is some kind of giant game show, is easily the worst decision the court has issued in modern times.

00:00:47.480 And there really is no close second. Unlike most bad Supreme Court decisions, the ruling won't simply be bad for the United States.

00:00:55.200 it goes quite a bit further than that. The ruling could very well bring about the end

00:00:59.760 of the United States itself, which is precisely what the new Democrat Party wants. They're

00:01:04.580 openly campaigning on it, as a matter of fact. Just last night in Colorado, a socialist from

00:01:09.500 Ethiopia unseated a 15-term incumbent. This is a socialist who was brought here on a diversity visa,

00:01:16.880 which shouldn't even exist. She believes America deserved 9-11. She wants to destroy capitalism 0.96

00:01:22.820 and our entire country. 1.00

00:01:24.400 She wants to open the borders and law enforcement 1.00

00:01:27.140 and make every foreigner a citizen. 0.99

00:01:30.580 Here she is laying out some of her bright ideas.

00:01:35.240 Abolishing ICE is just one step, right? 1.00

00:01:37.560 Democrats have been in power multiple times

00:01:40.060 over the last few decades

00:01:41.000 and did nothing to address the immigration reform

00:01:43.180 that we actually need.

00:01:44.020 Increased vice expenditures, increased spending.

00:01:45.260 Exactly, yeah.

00:01:46.260 And so if we're, I think there has to be

00:01:48.480 an immediate pathway for every single undocumented immigrant 0.99

00:01:51.460 that's here in this country today.

00:01:52.700 that does not require them to shell out thousands of dollars to go through their process for it to

00:01:57.500 take decades at a time to be able to get to citizenship an immediate pathway to citizenship

00:02:02.860 do you believe that the 9 11 terrorist attacks on america were the inevitable consequence of

00:02:07.820 american foreign policy inevitable in the sense that we destabilized a lot of the middle east

00:02:17.260 that forced people to believe that another act of violence was the only response. 0.98

00:02:22.700 And again, just like I said before, our responsibility is to getting rid of those

00:02:27.000 conditions that lead to violence in the first place.

00:02:31.400 Forced them to believe. We forced them. We forced them to believe that mass murder was the only

00:02:37.320 option. Now, this woman was backed by Hassan Piker, who's maybe the perfect example of why 0.89

00:02:41.900 birthright citizenship should be abolished. As Corey Walker pointed out, Piker was born in New

00:02:47.920 Jersey to Turkish citizens and raised in Turkey. He wants to destroy this country from within. He's 0.92

00:02:52.620 not secretive about it. He's not American in any sense of the word, but because of the fiction of

00:02:58.000 birthright citizenship, he's legally untouchable. And now he's helping to elect political candidates

00:03:02.640 who are determined to sabotage the country. We're seeing similar election results all over

00:03:08.700 the country from Maine to D.C. to Pennsylvania to New York, California, third world foreigners

00:03:14.460 have reached a critical mass to the point that they're electing one another. Here's a Democrat

00:03:19.700 congressman from the Dominican Republic who now represents New York, spelling it all out for us.

00:03:27.380 Listen. We are the owners of that document, the Constitution, an elastic document that will

00:03:36.020 stretch to include everybody. And so we will continue to stand united to defend

00:03:43.040 that document, protect our freedoms, and fight for America, for every child, so

00:03:50.900 that every child has the opportunity to achieve the American dream.

00:04:06.700 We are the owners, he says, of the Constitution.

00:04:10.060 And when he says we, he doesn't mean me.

00:04:11.980 He doesn't mean you.

00:04:12.760 He means him, this guy from the Dominican Republic.

00:04:16.600 You know, apparently, I didn't realize this.

00:04:19.880 Apparently, some guy from the Dominican Republic owns the Constitution.

00:04:26.260 Which is, he says, an elastic document that will stretch, stretch to include everybody.

00:04:33.700 Well, what's a country that includes everybody? It's not a country at all, of course. I mean, what is anything, any kind of institution, country, anything, if it literally includes everybody, it's nothing. Whatever defined that thing is gone.

00:04:55.040 But that's the whole point. That's what they want. It's a failed state that's guaranteed to go bankrupt and to destroy hundreds of millions of lives in the process, and this is their intention.

00:05:06.960 And if this continues unabated, then before long, based on population replacement rates, our country will be indistinguishable from hellscapes like Ethiopia or Somalia.

00:05:16.820 We're in a position where, as a matter of basic survival, we need to eliminate every 1.00

00:05:22.500 incentive for these people to come to our country. 1.00

00:05:25.180 But the Supreme Court has decided, after closely studying the intentions of our founding fathers

00:05:29.060 as well as the framers of the 14th Amendment, that the Constitution is indeed a suicide

00:05:34.060 pact.

00:05:34.960 It's a document, they say, that insists on the destruction of the United States.

00:05:40.500 But before things get too heavy, here's a little trivia to start us off, okay?

00:05:45.080 It's not a trick question or a brain burner or anything like that.

00:05:48.860 This is common sense, or at least it used to be. 0.63

00:05:52.260 If a Mexican woman gives birth to a child while she's on vacation overseas in some faraway country,

00:05:59.640 is the child automatically a Mexican citizen? 0.69

00:06:04.920 Yes or no?

00:06:06.220 What about if the woman is from Guatemala?

00:06:08.140 If a Guatemalan woman gives birth thousands of miles away from the borders of Guatemala,

00:06:12.760 is the child a citizen of Guatemala?

00:06:16.420 How about if the mother is from El Salvador?

00:06:18.640 How about if she's from Honduras or the Philippines?

00:06:20.740 In any of these cases, does the answer change?

00:06:24.500 Or does the child always inherit his mother's citizenship

00:06:28.160 regardless of the specific country in which he happened to be born?

00:06:32.920 Well, as you may have guessed, the answer remains the same

00:06:35.140 in every single one of these cases.

00:06:36.840 The child is indeed a citizen of the country his mother is from.

00:06:42.040 Honduras will award citizenship to a child of a Honduran woman who's born overseas.

00:06:47.180 The Philippines, El Salvador, Mexico, Guatemala, many other countries will all do the same.

00:06:51.500 The United States does this as well.

00:06:54.020 If your parents are American, then no matter where you are born, you are automatically American as well.

00:07:00.580 Another way of saying this is that regardless of where you may be born, 0.61

00:07:07.080 You are still subject to the jurisdiction of your mother's home country.

00:07:12.640 You'll grow up as a citizen of that country.

00:07:15.740 You'll probably have to pay taxes to that country.

00:07:18.020 You may have to register for the draft or some other form of military service in that country, depending on the laws.

00:07:23.020 In every relevant respect, even though you were not born in that particular country, you are subject to their jurisdiction.

00:07:30.400 Okay, with that in mind, here is the text of the 14th Amendment to the United States Constitution, which was ratified in 1868.

00:07:38.160 Here it is. Quote, all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside.

00:07:51.280 I'll say that again.

00:07:52.240 All persons born or naturalized in the United States and subject to the jurisdiction thereof

00:07:59.140 are citizens of the United States and of the state wherein they reside.

00:08:04.540 Well, you're probably starting to see the issue.

00:08:06.720 Under the plain text of the 14th Amendment, it's not enough to be born or naturalized

00:08:12.220 in the United States.

00:08:13.240 If that was the case, the framers of the amendment would have stopped there, but they

00:08:17.480 added another requirement.

00:08:19.580 In addition to being born or naturalized in the United States, in order to become a citizen,

00:08:23.740 a child must be subject to the jurisdiction of the United States.

00:08:28.940 So what does that mean exactly?

00:08:30.800 Well, one clue is that elsewhere in the Constitution, the Equal Protection Clause applies to, quote,

00:08:36.940 any person within a state's jurisdiction.

00:08:40.740 So we can infer that within a jurisdiction does not mean exactly the same thing as being subject to a jurisdiction,

00:08:48.340 since these are two very different phrases that appear separately in the Constitution.

00:08:54.080 Being within a jurisdiction is pretty straightforward.

00:08:56.740 You were born within the physical boundaries of some jurisdiction.

00:09:00.340 But being subject to a jurisdiction clearly means something else,

00:09:04.680 which is why they have these two different phrases in the same document.

00:09:09.140 Now, the obvious translation here is that the child cannot be an anchor baby.

00:09:15.460 He cannot be subject to the jurisdiction of some faraway country where he's automatically become a citizen.

00:09:23.140 Because if he's a citizen of that other country, which he is, then he is subject to their jurisdiction.

00:09:30.960 That is the only way to make sense of this provision. 0.93

00:09:35.380 Otherwise, the provision doesn't make any sense.

00:09:37.620 It's redundant at best.

00:09:39.400 you know the framers could have simply written all persons born or naturalized in the united

00:09:44.920 states are citizens of the united states and the left and now the supreme court they're pretending

00:09:52.560 that that is all that the 14th amendment says but it doesn't only say that if that's all it

00:10:00.060 was intended to mean it would have just said that but that's not what it says that's not what they

00:10:05.300 wrote, they added that the child must also be subject to the jurisdiction of this country,

00:10:11.340 meaning they cannot be foreign nationals. Obviously, they cannot be the children of 0.88

00:10:16.360 illegal aliens who are citizens of some other country. Obviously, it's not complicated. It's

00:10:21.660 a straightforward, obvious interpretation of what the framers of the amendment wrote.

00:10:26.620 And it makes complete sense because it's pretty much how every other country on the planet

00:10:30.520 handles this issue. Try going to Beijing or Tokyo and giving birth and then demanding they recognize

00:10:36.600 your child as Chinese or Japanese, as a Chinese or Japanese citizen. You know, they'll probably 0.99

00:10:42.200 get a kick out of that. And yet on Tuesday, and what was easily one of the worst and most

00:10:46.900 consequential Supreme Court rulings in memory, a narrow majority of the Supreme Court, including

00:10:52.240 all the leftists, along with Amy Coney Barrett and John Roberts, decided otherwise. In their view,

00:10:57.840 the words subject to the jurisdiction of the United States are completely redundant.

00:11:04.600 You know, the framers of the 14th Amendment apparently had no reason to include those words

00:11:08.720 at all. They don't mean anything. Because according to John Roberts, quote, every freeborn person in

00:11:13.900 this land is automatically a citizen of the United States. This country, according to this allegedly

00:11:18.400 conservative Supreme Court, is compelled to award citizenship to every child born within our

00:11:24.400 borders, even if the child's parents are cartel members who snuck into the country illegally,

00:11:28.740 even if the child's mother is a birth tourist who flew into the country nine months pregnant

00:11:33.260 in a scheme, you know, on a fake visa for the sole purpose of giving birth to an American citizen on

00:11:40.340 a technicality. Even if the child's clan in Somalia exists to defraud the United States at 0.67

00:11:44.920 every available opportunity, still they are all United States citizens. In every single case, 0.97

00:11:50.280 we're told. The framers of the 14th Amendment viewed citizenship more like a prize than

00:11:56.720 anything else. As long as you pop out a baby in the right geographic location, then you

00:12:02.260 win the jackpot. That there's something magical about the dirt itself. As long as you're standing

00:12:07.840 on the dirt, as long as you're standing on this dirt, automatically you're a citizen.

00:12:13.640 As long as you, yeah, if you are born on this dirt, then the dirt, the magical dirt confers

00:12:19.300 citizenship onto you. And we're all supposed to believe that the child is just as American as you

00:12:26.040 or I. They're entitled to all the benefits of American citizenship for the rest of their lives

00:12:30.560 because of the precise location where they were located when they were born. We have to subsidize

00:12:36.120 that child for the rest of his life, which is what ends up happening in many of these cases.

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00:13:52.360 Now, I'm going to discuss all the problems with this reasoning in just a moment.

00:13:56.500 Because while it's somewhat technical, it's also important from a historical perspective.

00:14:01.120 We all have an obligation to understand our history and how it's being rewritten in front of us.

00:14:05.840 But at the outset, I need to make it clear that no country can survive what the Supreme Court has just prescribed for the United States of America. And to a very real extent, that renders the legal debate moot.

00:14:20.540 Okay, no country in the history of the world has offered birthright citizenship, open borders, and a comprehensive welfare state, and survived for any length of time.

00:14:34.180 Okay, you simply cannot promise citizenship and unlimited benefits to the entire world without inviting total destruction, clearly.

00:14:42.280 And so if the authors of the 14th Amendment or the founders of the country intended to set us up for civilizational suicide, then we would have no choice but to defy their wishes.

00:14:54.620 We're not morally required to kill the country and destroy our children's future because some people 150 years ago thought we should.

00:15:04.020 But as it happens, they did not think that we should.

00:15:07.280 They did not intend any of this, as we'll get into. 0.95

00:15:12.280 Now, what makes America so desirable to all these foreigners is that Americans live here. 0.94

00:15:17.700 We can govern ourselves, unlike Somalis or Haitians or Venezuelans. 0.88

00:15:22.160 We're the most innovative and intelligent people on the planet,

00:15:24.960 which is why we have individual states that are worth far more than entire countries,

00:15:29.000 like Canada or France or the UK.

00:15:30.960 Through our hard work and ingenuity, we've generated more wealth than these people could ever comprehend.

00:15:35.980 We have a shared history, language, a religious tradition,

00:15:39.760 One that is not premised on murdering all the infidels or worshipping pedophiles.

00:15:45.680 We are that shining city on the hill.

00:15:48.580 We're the only Western country that still respects the freedom of speech.

00:15:51.960 We have air conditioning, which is no small thing.

00:15:55.220 Far more Europeans die of heat stroke every year than die of gun violence in the United States. 0.94

00:15:59.980 To state that foreign invaders are entitled to American citizenship simply because they happen to be born here,

00:16:06.100 without consideration for literally anything else defies all common sense. It's tantamount to

00:16:11.820 stating that the Constitution is, again, a suicide pact. And as Stephen Miller said yesterday,

00:16:16.620 it's such an obviously self-destructive decision, one that will so clearly hasten the end of the

00:16:20.840 United States that it can't possibly be right. As Samuel Alito pointed out in his dissent,

00:16:25.460 if anything, this is a very fuel way of thinking. The idea that you're a subject of the king based

00:16:31.160 on where you were born, whether you like it or not, it's precisely the kind of thinking that

00:16:34.880 our founders rejected when they declared their independence from Britain. And that's why in our

00:16:39.720 citizenship test, the framers required allegiance to the United States. We transcended the feudal

00:16:45.440 way of thinking and adopted our own system. Now, when I made this argument yesterday on social

00:16:49.900 media, a few people tried to add a community note to one of my posts. Their argument was basically,

00:16:54.940 well, you know, this has been the law of the land forever. We've always afforded citizenship

00:17:00.880 to anyone who was born here. And the Supreme Court is just maintaining the status quo. So

00:17:04.860 therefore, there's no need to panic. But this objection misunderstands every important aspect

00:17:10.920 of this controversy. First of all, no, the framers of the 14th Amendment

00:17:14.080 and Civil Rights Act of 1866 that preceded the amendment very clearly did not intend to give

00:17:21.680 citizenship to everyone who was born in the country. In fact, the law specifically excluded

00:17:26.320 the children of invading soldiers, the children of foreign diplomats, and all the members of

00:17:31.640 Indian tribes, regardless of where they were born. It wasn't until many years later that

00:17:35.840 Congress passed the Indian Citizenship Act of 1924, which afforded citizenship to members of

00:17:40.440 Indian tribes who were born in the United States. Now, the logic for excluding Indians was pretty 0.99

00:17:44.500 simple. Even though they might be born on our soil, they nevertheless were subject to the

00:17:48.800 authority of some other sovereign, namely an Indian tribe. And therefore, regardless of where 0.98

00:17:53.280 they were born, the members of the Indian tribes were not awarded automatic citizenship under the

00:17:58.200 14th Amendment. And that raises the obvious question. From a logical perspective, why exactly

00:18:03.860 are the children of today's illegal aliens entitled to citizenship while the members of Indian tribes 1.00

00:18:09.480 were not? In virtually every case, the children of illegal aliens are citizens of some other 0.93

00:18:15.320 country. And those countries, as third world and hellish as they may be, are generally far more 1.00

00:18:21.180 developed than the Indian tribes, which were located in America. So why are the Indian children 1.00

00:18:26.400 not subject to the authority of the United States while every other illegal alien is?

00:18:32.040 Now, the majority of the Supreme Court never answered this question. They didn't even attempt

00:18:36.800 to. As Alito writes in his dissent, quote, the court cannot explain why the 14th Amendment did

00:18:41.460 not confer citizenship on children born in the United States to tribal Indians. Federal law

00:18:46.160 governed those children and their parents to the extent the federal government wished. If the court

00:18:50.920 were right that the citizenship clause applies to anyone who was born here and is subject to our

00:18:54.840 laws, then the 14th Amendment would have conferred citizenship on all tribal Indians. But the

00:18:59.600 exception for tribal Indians was well established at the time and remained until Congress eliminated

00:19:04.020 it by statute. Now, the point is, it's completely wrong to suggest that the 14th Amendment always

00:19:10.380 guaranteed birthright citizenship to everyone who happened to be born here. There were limitations

00:19:15.600 on that principle, and pretty much everybody understood that. And that's why in 1910, the

00:19:20.160 Department of Justice issued a report stating, quote, it has never been held and it is very

00:19:24.140 doubtful whether it will ever be held that the mere act of birth of a child on American soil

00:19:28.800 to parents who are accidentally or temporarily in the U.S. operates to invest such child with

00:19:34.040 all the rights of American citizenship. Now, additionally, as Clarence Thomas wrote in his

00:19:39.100 dissent, quote, Representative Bingham, the architect of the 14th Amendment, believed that

00:19:43.480 the citizenship clause would not apply to the children of temporary visitors. Senator Trumbull,

00:19:47.620 a principal champion of the amendment, agreed. Jacob Howard, who introduced the citizenship

00:19:51.340 clause, agreed. Congressman after congressman during the legislative debates, agreed. Congress

00:19:56.380 in 1870, agreed. President Grant's attorney general, agreed. President Grant's attorney general

00:20:00.860 before that, agreed. The Supreme Court in 1873, agreed. State legislatures, agreed. Executive

00:20:05.780 branch decision makers over the course of multiple decades, agreed. Justice Miller, agreed. Thomas

00:20:10.140 Cooley, agreed. A battery of other eminent scholars, agreed. And the great Justice John

00:20:14.320 Marshall Harlan, on three separate occasions, agreed. Indeed, Senator Jacob Howard, who was

00:20:20.900 cited very selectively in the majority opinion, was pretty explicit on this point. Quote,

00:20:26.800 this amendment will not, of course, include persons born in the U.S. who are foreigners,

00:20:31.580 aliens, who belong to the families of ambassadors or foreign ministers.

00:20:37.760 So it is pure fantasy to suggest that we've always had birthright citizenship or that this

00:20:43.160 was ever a settled issue. What happened is that an amendment was ratified containing a rule with

00:20:48.680 one particular scenario in mind. The rule came with several exceptions right off the bat. It was

00:20:55.180 never a bright line mandate. And then the rule was interpreted with all kinds of exceptions

00:20:59.500 over the following decades. All amendments work like this. We have restrictions on the first and

00:21:05.280 second amendments, for example, that the founders never could have considered at the time. They

00:21:08.820 didn't come up with a law against private citizens owning fighter jets because fighter jets didn't

00:21:13.220 exist at the time. They also didn't come up with laws restricting your ability to pirate DVDs

00:21:18.080 because those didn't exist either. Instead, the founders came up with a general principle,

00:21:22.500 and then we've applied that principle to new scenarios as they arise. In 1898, the Supreme

00:21:28.800 Court decided a case called Wong Kim Ark. And as Kavanaugh pointed out, this case established that

00:21:34.540 there were at least four exceptions to the idea of birthright citizenship. Children of foreign

00:21:38.700 sovereigns or their ministers or were born on foreign public ships or of enemies within and

00:21:44.780 during a hostile occupation of part of our territory and children of members of the Indian

00:21:49.780 tribes. Now, those were the exceptions that were necessary at the time. That doesn't mean

00:21:56.740 we're stuck with those exceptions forever. If anything, that case established that so-called

00:22:02.500 birthright citizenship is not absolute. And we can limit or even eliminate the entire concept

00:22:10.000 at will. All it established is that, of course, you have to have exceptions that apply

00:22:15.780 to the situations that you're facing. And circumstances have certainly changed to the

00:22:23.280 point where that solution is long overdue. The authors of the 14th Amendment were not concerned

00:22:27.340 about addressing the citizenship of hordes of illegal aliens, nor were they concerned about

00:22:31.860 birth tourism. And we all know why. The rate of illegal immigration and birth tourism was

00:22:38.100 essentially zero at the time. As Samuel Lito points out in his dissent, which is worth reading

00:22:42.720 in its entirety if you haven't, we didn't have a significant population of illegal aliens in this

00:22:47.380 country until the 1960s. And our legal immigration population was very, very different as well.

00:22:53.580 I mean, back then, only around 5% of our total migrant population came from Africa and Asia.

00:22:58.620 only around 10% came from South and Central America. The vast majority came from Europe,

00:23:04.120 Canada, and Australia. Well, today, by contrast, half of the migrants are coming from South

00:23:09.680 and Central America. 40% are coming from Africa and Asia. That adds up to 90% of the total is

00:23:16.400 coming from these continents, these regions. And that's just one way of summarizing the change

00:23:21.300 we've all seen. 60 years ago, we didn't have a deluge of statistically low IQ, impoverished

00:23:26.940 anti-American foreigners raiding our country and getting on the welfare rolls. Now we do.

00:23:34.720 No sane person can possibly believe that the authors of the 14th Amendment had anything like

00:23:41.480 our current situation in mind when they wrote the text. They did not intend and could not have

00:23:47.580 intended to grant automatic citizenship to millions of third world illegal immigrants

00:23:53.200 sneaking across the border because no such scenario was even conceivable at the time. 0.55

00:23:59.520 And for that matter, 60 years ago, we certainly didn't have any birth tourism because no pregnant

00:24:04.700 woman was going to get on a boat and spend a few months making her way to the United States.

00:24:08.620 But now we have airplanes. So this happens all the time. Watch. 1.00

00:24:14.080 An alert Smithtown town employee noticed a strange pattern of birth certificates,

00:24:19.200 five babies from one house at one time.

00:24:22.520 An investigation led to an international fraud scheme,

00:24:25.440 an alleged birth tourism ring operating on Long Island for three years.

00:24:30.120 The defendants fraudulently facilitated the births in the United States

00:24:34.540 of approximately 119 Turkish children.

00:24:39.200 And those children now hold birthright U.S. citizenship.

00:24:42.300 It's the 14th Amendment that grants citizenship to any child born in the U.S.

00:24:46.440 Officials say in this case, ringleaders brazenly advertised in Turkey.

00:24:51.240 Translation, if you believe your baby should be born in the USA and become an American citizen, you're in the right place.

00:24:57.600 What's illegal, alleged lies to obtain travel visas. 0.61

00:25:01.580 Fraudulent Medicaid claims for babies and moms who stayed at seven birth houses across Suffolk County.

00:25:08.040 Women paid up to $10,000 each for accommodations and free health care paid by U.S. taxpayers. 0.85

00:25:13.960 They're doing it on the backs of the taxpayers. They're milking the Medicaid system. 1.00

00:25:18.880 Six people arrested, charged with money laundering and two million dollars in Medicaid fraud. 0.99

00:25:24.140 So this is a lot like the Somali frauds. The feds might catch a handful of them, but it's happening so frequently that they really aren't making a dent. 0.96

00:25:30.660 And in a moment, we'll talk about ways to end this practice for good. But for now, the point is that birth tourism was not a problem that the authors of the 14th Amendment considered or had any reason to consider.

00:25:43.960 Instead, the main purpose of the 14th Amendment was to award citizenship to newly freed black slaves.

00:25:50.700 That was the primary focus of the framers of the amendment.

00:25:54.700 In her concurring opinion, our most eloquent Supreme Court Justice, Ketanji Brown Jackson,

00:25:59.260 tried to make the argument that the 14th Amendment was really about awarding citizenship to everybody in the country rather than just slaves.

00:26:06.440 And here's how she made that argument.

00:26:09.120 Quote, the amendment caused a paradigm shift in the trajectory of our nation.

00:26:14.780 The teacher who scolds a student for bullying a classmate hopes the student learns the broader lesson of treating everybody with kindness, not just that one kid.

00:26:22.540 In the aftermath of the Civil War, those who championed the 14th Amendment, both within and beyond Congress, understood the assignment.

00:26:28.780 Their work product used language that transcended race and region and thereby changed and brought in the meaning of freedom for all Americans.

00:26:39.120 well yes the supporters of the 14th amendment understood the assignment writes contange

00:26:45.840 brown jackson that's her argument for why the 14th amendment applies to every foreigner who's

00:26:50.100 born in the country which was never intended to she's using tiktok lingo to explain it away and

00:26:56.660 it's not the first time she's done this by the way used um you know the language of a 14 year

00:27:01.760 old on tiktok recently she used the phrase wait for it in one of her dissents she was trying to

00:27:07.540 passive-aggressively make the point that district judges can't possibly be overstepping their

00:27:11.780 authority by shutting down everything the Trump administration is doing, even though it's obviously

00:27:15.340 what was happening. And she used Gen Z cliches to get the point across. I mean, this right before

00:27:20.960 long, we're going to see Ketanji Brown-Jackson say that the Trump administration is giving fascism

00:27:25.820 or something like that. She'll say the Democrats ate and left no crumbs. We're just months away

00:27:32.220 from Jackson using LMAO

00:27:34.160 and a laughing face emoji

00:27:35.660 in an official legal document.

00:27:37.220 It's going to happen.

00:27:38.840 She's going to sign off

00:27:40.000 of a concurring opinion

00:27:41.600 by writing 10 out of 10 no notes

00:27:43.440 or some bull like that.

00:27:45.160 It's going to happen.

00:27:46.160 I mean, we're almost there. 1.00

00:27:49.140 In the citizenship case, 0.55

00:27:50.460 it's obvious why Jackson decided

00:27:51.900 to start talking like a 15 year old.

00:27:53.560 She understands that

00:27:54.340 she had no real argument.

00:27:55.840 In her view,

00:27:56.340 having allegiance to a country

00:27:57.780 means that you're in town

00:27:59.000 and you steal a wallet

00:28:00.800 and the police arrest you.

00:28:02.220 That's all it takes, according to Ketanji Brown's accent, for you to be subject to the jurisdiction of the United States and to have complete allegiance to our country.

00:28:11.120 Watch.

00:28:12.440 I was thinking about this, and I think there are various sources that say this, that you can have you obviously have permanent allegiance based on being born in whatever country you're from.

00:28:26.240 That's what everybody recognizes.

00:28:27.720 But you also have local allegiance when you are on the soil of this other sovereign.

00:28:35.840 And I was thinking, you know, I'm a U.S. citizen and visiting Japan.

00:28:40.500 And what it means is that, you know, if I steal someone's wallet in Japan,

00:28:46.900 the Japanese authorities can arrest me and prosecute me.

00:28:52.580 It's allegiance meaning can they control you as a matter of law.

00:28:57.360 I can also rely on them if my wallet is stolen to, you know, under Japanese law, go and prosecute the person who has stolen it.

00:29:06.540 So there's this relationship based on even though I'm a temporary traveler, I'm just on vacation in Japan.

00:29:13.200 I'm still locally owing allegiance in that.

00:29:18.100 now even if you know nothing about the law as kentonji brown jackson apparently knows nothing

00:29:27.560 about the law hearing this you know she has no clue what she's talking about you could pull a 1.00

00:29:31.320 random woman off the street and she'd be about as convincing uh as a supreme court justice as 0.87

00:29:36.180 as jackson is as best i could tell she's trying to make the argument that if you could be arrested

00:29:40.220 by the police then you're subject to this jurisdiction of the united states within the

00:29:43.960 meaning of the 14th Amendment. But there's no reason to believe that the 14th Amendment was

00:29:48.480 ever supposed to work like that, or that the 14th Amendment was ever intended to award citizenship

00:29:52.600 to everybody born in this country, because it didn't do that at the time. Again, to give just

00:29:56.660 one example, Indians were not awarded citizenship, even though they could theoretically have been

00:30:01.100 arrested if they stole somebody's wallet. Additionally, none of the senators debating

00:30:06.340 the law ever suggested otherwise. It was mainly about giving citizenship to freed slaves because

00:30:11.840 they weren't loyal to any other country. They were domiciled here. Many of them had just fought 0.83

00:30:18.320 in an American war. They had all the obligations of citizens. And in short, they were nothing like

00:30:24.440 today's illegal aliens from the third world. It's an entirely different situation that they were

00:30:29.000 trying to solve with this amendment. Senator Lyman Trumbull, the author of the citizenship

00:30:35.520 clause in the Civil Rights Act, which provided the backbone of the 14th Amendment, was very clear

00:30:40.500 that birth did not automatically grant citizenship. And what's incredible about Trumbull is that like

00:30:46.300 Senator Howard, he actually cited, he's actually studied several times in the Supreme Court's

00:30:51.320 majority opinion yesterday, as if he would support their ruling. But Trumbull is also cited in the

00:30:55.380 dissents, because it turns out, if you don't selectively quote him, he clearly did not favor

00:31:01.260 the idea of universal birthright citizenship. Describing the 14th Amendment, Trumbull said,

00:31:06.120 quote, the provision is that all persons born in the United States and subject to the jurisdiction

00:31:12.180 thereof are citizens. And that means subject to the complete jurisdiction thereof. What do we mean

00:31:17.960 by subject to the jurisdiction of the United States, not owing allegiance to anybody else?

00:31:24.000 That is what it means. Well, those statements are very different from saying if you're born here,

00:31:30.500 then you're a citizen no matter what. He's clearly alluding to a much more specific test,

00:31:34.780 one that requires complete jurisdiction, not merely partial jurisdiction. That means no other

00:31:40.460 country can have a claim to jurisdiction over the child, and the child in turn cannot owe allegiance

00:31:47.000 to anybody else. Additionally, Trumbull's test requires that the alien owes no allegiance to

00:31:51.880 anyone else. These are major additional criteria, obviously. But Ketaji Brown Jackson ignores all

00:31:57.880 this because who needs history when, you know, you have TikTok? And according to Jackson, you have

00:32:04.520 allegiance to a country if you steal a wallet and get arrested by the police?

00:32:12.560 That's how seriously she's taking this whole exercise. And on top of that, for most of this

00:32:17.600 country's history, the idea of universal birthright citizenship was seen as totally insane.

00:32:23.140 This wasn't really even a controversial point. Harry Reid, the leader of the Democrats in the

00:32:27.580 Senate, arguably the most powerful Democrat in the country, introduced legislation declaring

00:32:31.760 that the child of an illegal alien or temporary visitor would, quote, not be a citizen of the

00:32:37.280 United States or of any state solely by reason of physical presence within the United States

00:32:42.200 at the moment of birth. As Reid put it, quote, no sane country would offer a reward for being

00:32:48.400 an illegal immigrant. Every prominent Democrat was talking like this up until very recently,

00:32:54.100 which you might not realize watch broken borders that's an oxymoron something we can't tolerate

00:33:04.120 borders of their nature our definition as a nation and our protection as a country

00:33:13.440 broken borders that doesn't they don't exist we can't tolerate them so let's stay

00:33:19.900 say from the start that we all in this body, and I know I can speak very firmly for the Democrats,

00:33:27.340 support strong border control. And it must be part and the first part of any comprehensive

00:33:35.540 immigration reform. We have our obligation as elected officials to keep the American people

00:33:44.680 safe and our borders are our first line of defense, one of our early lines of defense

00:33:51.620 to do that.

00:33:54.920 So there's one of those times when the Democrats say something or do something or support something

00:33:59.340 and they say, you know, everyone's always agreed.

00:34:03.220 What are you talking about?

00:34:04.680 Why are you objecting to this?

00:34:06.720 Everyone's always agreed with it.

00:34:09.560 But then in reality, it's like you didn't even agree with it.

00:34:12.880 What are you talking about?

00:34:13.820 Nobody agreed with what you're saying right now, including you, until about 15 seconds ago.

00:34:19.380 You didn't even agree with yourself 15 seconds ago on this issue.

00:34:24.840 Nancy Pelosi, by the way, was not out of step with California voters on this.

00:34:28.680 In the 1990s, California voters overwhelmingly passed Proposition 187, which required that, quote,

00:34:33.540 every law enforcement agency in California shall fully cooperate with the United States

00:34:37.440 regarding any person who's arrested if he or she is suspected of being present in the United States

00:34:43.180 in violation of federal immigration laws. Now, it's hard to imagine that Californians would

00:34:48.540 support a law like that, but they did. This was before California became a colony of Mexico.

00:34:54.520 Nevertheless, the voters were still ignored. A judge quickly shut down the law, overriding the

00:34:59.400 will of the voters. And as a result of the demographic transformation of this country,

00:35:03.320 we now face a crisis that would have been unthinkable to the men who drafted the 14th

00:35:08.520 Amendment. In just one nine-month stretch under the Biden administration, as Justice Kavanaugh

00:35:13.040 pointed out in his dissent, more than 3 million illegal aliens entered into the United States

00:35:17.940 that we're aware of. I mean, the actual number is probably five times that amount. That's just

00:35:22.780 one nine-month period. Over the course of Biden's full term, more than 10 million illegal aliens

00:35:27.720 crossed the border and were allowed to remain in the country. This was a deliberate policy choice.

00:35:33.900 Just two months into Biden's administration, the DHS secretary made this announcement

00:35:38.020 to the entire third world. Watch. Some loving parents might send their child to traverse

00:35:45.700 Mexico alone to reach the southern border, our southern border. I hope they don't

00:35:52.160 undertake that perilous journey. But if they do, we will not expel that young child.

00:35:57.720 well you can't get more explicit than that they invited an invasion they wanted foreigners to 0.83

00:36:04.380 come here and produce as many anchor babies as possible and that's exactly what happened and

00:36:08.680 that's obviously again not what the authors of the 14th amendment had in mind when it was written

00:36:15.840 at every level democrats permitted all of it even now as socialism the trademark ideology of the

00:36:21.740 third world is ascendant in the united states as a result of their open borders policies

00:36:25.380 Democrats are capitulating. Adam Schiff just went on CNN to declare that socialism is a new idea

00:36:31.140 and that he welcomes these socialists to Congress. Watch.

00:36:37.100 She has sympathetic references to communism, talks about a Marxist ideology, talks about

00:36:42.440 seizing the means of production, abolish police, prisons and borders, wiping her hands on a U.S.

00:36:48.360 flag. She now says, quote, I have grown considerably in the years since these tweets,

00:36:53.860 and I'm focused on our community and our community's future,

00:36:56.980 which is not exactly disowning the comments.

00:37:00.600 What do you make of these comments

00:37:02.880 and the fact that this is a growing brand of the Democratic Party?

00:37:07.840 Well, I wouldn't say that those comments are reflective of a growing brand in the party.

00:37:12.480 I understand that she's advocated closing all prisons,

00:37:16.400 defunding police departments, opening borders.

00:37:18.900 None of those views are within the mainstream of the Democratic Party.

00:37:22.420 But I will say this. It is reflective, among other things, of the power of Mamdani, of Mayor Mamdani.

00:37:29.300 I think he is incredibly charismatic leader.

00:37:33.200 I think he is inspiring New Yorkers and winning people over and has enormous clout in New York.

00:37:40.580 There was a lot of fear when the AOC first ran for office that she was going to be this dangerous influence.

00:37:46.720 She's been a great member of Congress.

00:37:48.240 She's been articulate and forceful and made a profound case for change.

00:37:54.900 So I'm not afraid of new members or new ideas in the party.

00:37:58.140 I welcome it. 0.84

00:37:59.400 One thing, though, I think is an absolute takeaway in these races as in others, and that is the status quo is just deeply unacceptable to the American people.

00:38:09.480 And they're looking for change agents.

00:38:12.720 Ah, yes, the bold new idea of socialism.

00:38:15.700 What an amazing new concept.

00:38:17.180 You know, you just seize the means of production, give everybody free stuff.

00:38:20.280 What could go wrong?

00:38:21.660 Certainly never been tried before to catastrophic results and hundreds of millions of deaths all over the world.

00:38:26.820 Now, Schiff is not alone on this.

00:38:28.340 Here's Senator Gillibrand of New York saying socialism is a good trend because it shows younger voters are fired up.

00:38:38.940 Fidel Vargas, President CEO, HSF.

00:38:41.420 What is your explanation for what happened in New York with the primaries and especially those in New York City?

00:38:49.020 How are you taking that to heart as a senator from New York, as the head of the senatorial campaign and as a member of the Democratic Party?

00:38:57.980 Yes. So New York had a very strong change election.

00:39:02.040 There was a huge interest in new candidates, younger candidates in some instances, the next generation of candidates.

00:39:13.300 And so there was several instances where incumbents lost to challengers because of that trend.

00:39:20.340 And that trend is a very good trend for nationwide elections because it shows how deep the interest in change is and how fired up new voters are, younger voters are.

00:39:32.040 different demographics of voters.

00:39:36.880 Now, when Senator Trumbull and the other lawmakers were debating the 14th Amendment,

00:39:40.840 this is not what they had in mind.

00:39:43.140 They were not interested in destroying the United States.

00:39:45.600 And we can be sure of that because from the transcripts we had,

00:39:48.900 none of these senators were socialists.

00:39:50.880 None of them talked about ending capitalism or abolishing the police or opening the borders.

00:39:54.340 But when you open the borders to everybody and grant citizenship to every third world alien 0.75

00:39:58.380 who happens to be born here, this is what you get.

00:40:00.720 to use a phrase Ketanji Brown-Jackson can understand, John Roberts and Amy Coney Barrett

00:40:06.320 simply don't understand what time it is. The Federalist Society, which drives the selection

00:40:11.060 of these conservative judges, these allegedly conservative judges, is simply too weak on

00:40:14.540 immigration. They pick judges who, unlike the left-wing judges, often vote against the interests

00:40:19.020 of their party. As a result, as J.D. Vance pointed out last night, desperate measures are necessary

00:40:23.300 to reverse the downward trend that we're clearly on. We need to get rid of the filibuster for one

00:40:28.780 thing and immediately passed the save act watch save america act legislation itself the problem

00:40:37.060 that they have with all due respect is that they're worshiping dying institutional norms

00:40:42.500 when the democrats are in fact bragging that as soon as they get control they're going to throw

00:40:47.640 that stuff aside and make it so much harder for republicans to even win elections so what some of

00:40:53.560 these republicans are saying is they don't want to give up on the norm of the filibuster this

00:40:58.500 sacred Senate institutional norm that a few senators are obsessed with, including, of course,

00:41:03.920 Mitch McConnell. The problem, Laura, is that Democrats themselves are saying the minute that

00:41:09.500 they get power, the filibuster is going out the door. So unilaterally submitting and surrendering

00:41:16.260 as Republicans when Democrats are openly bragging that they're going to get rid of the filibuster,

00:41:21.920 it's just handing your enemy a weapon that they're going to use to strike you down.

00:41:26.360 It's absurd. It doesn't make any sense. But that's why we frankly have to get better senators in there in the future.

00:41:32.640 Yeah, you've even following what's going on with the Democrat Party and the rise of socialism.

00:41:40.680 Now, there are plenty of discrete steps we can take along these lines after abolishing the filibuster. 1.00

00:41:45.920 We can make birth tourism a serious felony offense, imprison any foreigners who enter this country to have a child, 0.97

00:41:53.740 which is immigration fraud by any definition. Eliminate all visas of any kind from every third 1.00

00:42:00.580 world country. Don't let them get a tourist visa, a work visa, an academic visa, anything. 1.00

00:42:06.480 Okay, it's just going to lead to them scamming us even more. Most importantly, 0.97

00:42:09.940 launch new immigration raids in every major city in the country. When the blue-haired lesbians 1.00

00:42:14.800 start, show up, start blowing their whistles and crying about it, who cares? Arrest them for 1.00

00:42:20.080 obstruction. Throw them in Guantanamo Bay if you have to. We simply don't have the luxury 0.99

00:42:24.520 of tolerating these people anymore. And while I've just outlined the case that birthright

00:42:30.460 citizenship is a fake concept, the truth is the legal argument isn't actually that important in

00:42:36.740 the end. I mean, as the saying goes, he who saves his country violates no law. Donald Trump reposted

00:42:41.960 that quote recently, and now it's time for him to act on it. This is a principle that holds true

00:42:47.000 regardless of the opinions that John Roberts cooks up when he's trying to make the court seem

00:42:52.620 nonpartisan. It's a principle that holds true no matter what Amy Coney Barrett writes when she's

00:42:57.760 done crying over George Floyd's overdose. The actual birthright, the real birthright,

00:43:05.820 belongs to my children, not the child of some Guatemalan woman who just showed up here. 0.62

00:43:11.640 belongs to my kids and the kids of all real Americans. They have a birthright to live in a

00:43:18.560 country that resembles the one our ancestors established and intended. And now that birthright,

00:43:25.580 the only true birthright, has been destroyed in favor of the imagined birthright of children 0.95

00:43:31.920 born to parents who don't even belong in this country and who have no ancestral or cultural

00:43:37.280 ties to it whatsoever. It's total madness. I mean, it's suicide. Words cannot describe how evil

00:43:46.380 it is. With its latest decision, the Supreme Court has made it very clear that our institutions

00:43:52.080 will not protect what's rightfully ours and what belongs to all of our children.

00:43:58.440 As Justice Thomas put it, the citizenship clause added greatly to the dignity and glory of the

00:44:02.820 American citizenship, today's opinion devalues that citizenship. His opinion, which is much

00:44:07.680 longer than Alito's, is also worth reading. At one point, he cites the Summa Theologica by

00:44:13.540 Aquinas for the proposition that, quote, if foreigners were allowed to meddle with the

00:44:17.720 affairs of a nation as soon as they settled down in its midst, many dangers might occur since the 0.90

00:44:22.280 foreigners, not yet having the common good firmly at heart, might attempt something hurtful to the 1.00

00:44:27.600 people. This has been the default understanding of Western civilization for a very long time, 1.00

00:44:35.720 hundreds of years, thousands of years. And now our institutions are rejecting this principle,

00:44:41.240 a principle which amounts to basic common sense. And as a result, we now have no other choice but

00:44:47.480 to remake our institutions before the enemies of this country who are winning elections at a rapid

00:44:53.760 pace, destroy them outright. Get rid of the filibuster, declare war on the third world, 0.99

00:45:00.960 not simply the communists and the birth tourists, but all of it. Use existing authority under the 0.99

00:45:08.100 Immigration Nationality Act to ban not only all third worlders, but also all women of childbearing 0.99

00:45:13.220 age from entering the United States. Expel Maria Salazar from the GOP, along with every other 0.84

00:45:21.220 Republican who's endorsed the birthright citizenship ruling, block existing foreign

00:45:25.960 nationals from getting identification numbers, which they're using in lieu of social security

00:45:30.120 numbers to apply for jobs and housing and other benefits. I mean, we're well past the point where

00:45:36.240 a fraud task force can make any meaningful difference. The only way to prevent an inevitable

00:45:40.120 takeover, the only way to prevent a catastrophe of historic proportions is for every Republican

00:45:45.520 to become someone that they'll vilify in 50 years, become a Joseph McCarthy, become a Richard Nixon.

00:45:53.580 They'll try to destroy us, yes, but they're doing that already.

00:45:57.280 And if we manage to match their level of intensity or even come close to it,

00:46:01.620 in the end, we'll accomplish exactly what McCarthy and Nixon and other great men of history did.

00:46:06.540 We'll do what the Supreme Court just failed to do.

00:46:09.460 We'll put an end to an unlawful and long-running attack on this country,

00:46:13.200 an anti-democratic coup in plain sight, and we will save what is left of the United States.

00:46:23.440 That'll do it for the show today. Thanks for watching. Thanks for listening. Talk to you

00:46:26.260 tomorrow. Have a great day. Godspeed.

00:46:34.500 We have a terror warning in Northern Virginia. Radicalism has designs openly on the West.

00:46:39.840 The FBI thwarted a terror plot on New Year's Eve.

00:46:42.560 Violence attack over the Halloween weekend in Michigan.

00:46:45.800 Protests on college campuses showing no signs of stopping.

00:47:09.840 Oh, let go, let go.

00:47:39.840 You 0.66

The Matt Walsh Show - July 01, 2026

Ep. 1805 - Dismantling the Disastrous 'Birthright Citizenship' Decision in 45 minutes

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