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Supreme Court Justice Kavanaugh Opens Door to Congressional Limits on Birthright Citizenship

Glenn Beck · Jonathan Turley On Birthright Citizenship: "We're A Ship Of Fools!" · July 3, 2026
Supreme Court Justice Kavanaugh Opens Door to Congressional Limits on Birthright Citizenship
Glenn Beck
Glenn Beck
Jonathan Turley On Birthright Citizenship: "We're A Ship Of Fools!"
"Kavanaugh said I don't think that birthright citizenship can be found in the 14th amendment. But he said even though the court has said that we could still see Congress put limits on it. Now that's a debatable point. I'm not confident that Roberts and Barrett will change their position but uh I people in Congress are now mush moving to criminalize birth tourism which should have been done decades ago."
Constitutional law expert Jonathan Turley reveals that Justice Kavanaugh's concurrence in a recent 5-4 Supreme Court decision suggests Congress could impose limits on birthright citizenship despite the Court's ruling. This comes as Congress moves to criminalize birth tourism, with Turley noting the razor-thin margin of the decision left room for potential reconsideration on narrower questions. Turley advocates for both a 28th Amendment debate and legislative action to address what he calls the U.S. being a "ship of fools" on birthright citizenship policy.

About this episode

Glenn Beck interviews Georgetown University law professor and Fox News contributor Jonathan Turley about his book "Rage and the Republic" during America's 250th anniversary celebrations. The conversation centers on constitutional challenges facing the nation, particularly birthright citizenship and what Turley characterizes as an orchestrated campaign by legal academics to undermine foundational American institutions. Turley reveals that Justice Kavanaugh's concurrence in a recent 5-4 Supreme Court decision leaves open the possibility for Congressional limits on birthright citizenship, despite the narrow ruling upholding it. He advocates for both a 28th Amendment and legislation criminalizing birth tourism, noting the U.S. is an outlier among developed nations on this policy. Turley issues a stark warning about law professors and deans calling for abandoning the Constitution and packing the Supreme Court, describing it as conditioning Americans for radical change. The discussion pivots to the uniqueness of America's founding, with Turley highlighting Thomas Paine as the quintessential American—a repeated failure in England who became "the penman of the revolution" after Benjamin Franklin sponsored his emigration. Turley emphasizes that America's success as the world's first Enlightenment revolution stemmed from embracing faith and the principle that rights come from God, not government—contrasting sharply with France's Terror. Both Beck and Turley express concern about a "crisis of faith" in American principles but find hope in the 250th anniversary celebrations on the National Mall, which Turley describes as more grand than the 1976 bicentennial. The conversation concludes with Turley arguing that Americans must answer the question "who then is this American" or risk not surviving to the 500th anniversary.

Key takeaways

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