Law Talk With Epstein, Yoo & Cooke The Great Birthright Citizen Debate
Aug 11, 2025
Richard Epstein, a legal scholar known for his expertise in law and economics, joins John Yoo, a law professor and former government official, for an engaging debate on birthright citizenship. They dissect the historical roots of the 14th Amendment and analyze the landmark Wong Kim Ark case. The discussion highlights the phrase 'subject to the jurisdiction' and its implications for modern immigration. They also delve into originalism, racial biases in citizenship laws, and potential policy reforms, making for a fascinating exploration of a contentious legal issue.
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Three Narrow Exceptions To Birthright Citizenship
- John Yoo: birthright citizenship applies broadly, except for diplomats, occupying armies, and Indian tribes.
- 'Subject to the jurisdiction' excludes those categories, not based on parents' legal status.
War Of 1812 Example Of Occupation
- John Yoo joked about a hypothetical foreign occupation and invoked the War of 1812 as an example.
- He used the example to illustrate why occupying armies' children would not be U.S. citizens.
14th Amendment Reaffirmed Birthright Rule
- John Yoo contends the 14th Amendment simply overruled Dred Scott and reaffirmed longstanding birthright citizenship practice.
- He points to antebellum state practice and English common law as the source.
