Former DOJ Chief of Staff Warns Supreme Court Birthright Ruling Creates Feudal Citizenship System
"The opinion endorsed by Amy Coney Barrett, John Roberts, and the three liberals is a feudal system of government where we are subjects and not citizens. John Roberts is drawing from the British tradition where again if you were born on the king's land, you belonged to the king. That is a fundamentally different form of government than what we have in the United States. And it's the exact form of government that we were rebelling against."
About this episode
Conservative commentator Charlie Kirk and co-host Blake Masters respond to the Supreme Court's 6-3 ruling in Trump v. Barbara, which upheld broad birthright citizenship under the Fourteenth Amendment. Chief Justice John Roberts, joined by Justices Barrett and the three liberal justices, ruled that children born on U.S. soil to tourists, illegal immigrants, and temporary visitors are automatic citizens, rejecting President Trump's executive order attempting to limit birthright citizenship. The hosts interview Chad Miselli, former Department of Justice chief of staff, who delivers a scathing assessment of the decision. Miselli argues Roberts adopted a feudal citizenship model borrowed from British monarchy, where birth on sovereign land creates subject status, rather than the American principle of citizenship based on consent and allegiance. He warns the ruling enables Chinese nationals to exploit visa-free travel to U.S. territories like Guam to produce American citizens who retain primary allegiance to the CCP, creating national security vulnerabilities. Miselli cites Justice Thomas's dissent, which argues the ruling devalues American citizenship, and points to historical evidence that the Fourteenth Amendment's drafters explicitly intended to exclude children of foreigners and aliens. The hosts express frustration that Roberts issued a constitutional ruling rather than a statutory one, meaning the decision can only be overturned through constitutional amendment or a future Supreme Court reversal. They propose Congress should end dual citizenship, restrict visas for pregnant foreign nationals, and make this interpretation of the Fourteenth Amendment a litmus test for future Supreme Court nominees. The episode frames the ruling as a catastrophic loss for immigration restrictionists and a betrayal of originalist constitutional interpretation.
Key takeaways
- The Supreme Court ruled 6-3 that all children born on U.S. soil, including to tourists and illegal immigrants, automatically receive citizenship under the Fourteenth Amendment.
- Former DOJ Chief of Staff Chad Miselli argues Chief Justice Roberts adopted a feudal citizenship model based on British monarchy rather than American consent-based principles.
- Chinese nationals can travel visa-free to Guam and Northern Mariana Islands, give birth, and produce U.S. citizens with potential allegiance to the CCP and eligibility for presidency.
- The ruling was constitutional rather than statutory, meaning it can only be overturned by constitutional amendment or future Supreme Court decision, not Congressional legislation.
- Senator Jacob Howard, who introduced the Fourteenth Amendment in 1866, explicitly stated it would not include persons born to foreigners or aliens.
- Justice Kavanaugh suggested he would support Congressional limitations on birthright citizenship, but the court still lacks five votes even if Congress acts.
- Conservative commentators propose ending dual citizenship, restricting visas for pregnant foreigners, and making Fourteenth Amendment interpretation a litmus test for future judicial nominees.