Joyce, I feel so bad you’re up late writing, although I very much appreciate all of your legal analysis and advance notice on the coming weeks events. Looking forward to reading your work. Thanks for keeping us all on our toes.
Ms. Vance has a gift for breaking often complex legal topics down so we non-lawyers can understand the legal principles and how they apply or contradict the law. I truly appreciate her explanations and context.
Agreed! Even as an attorney myself, I appreciate her special insight into the governing federal statutes and her ability to digest the sheer volume of legal events generated by this lawless administration.
I agree with you. I also believe that Ms. Vance is a woman possessed; a women who is so deeply and profoundly disturbed by the current state of government affairs in the United States that if she did not write and publish her work, she probably couldn't sleep at night.
Heather and you, every evening if up late or in the mornung keeps me on top of what is important. i'm sure there many on that schedule. There are many good ones out there to follow but you and Heather are like air and water. A nibble of Paul Krugman here, a bit of Lucian Truscott there and we will not only survive, but grow. Chickens allow us to let down, be silly even. Good for the heart. Good for the soul.
And on top of those authors, I throw in Robert Reich, Heather Delaney Reese, "I Fucking Love Australia" (who, if you can stand the profanity, even occasionally provokes a few scoffs and laughs), Dan Rather, the Contrarian, and a smattering of others. I never watch the news on TV for anything other than the weather and local news (and this from a former CBS addict). I used to read What's Up with Politics, but his writing lately has become so vanilla pudding that I don't know in what decade that young man is living--not the one in which I am living. So, my almost 80-year-old heart is "heartened" each morning and I can get through another day knowing that I am not alone watching the wreckage of my country falling all around me. I attended the No Kings Protest on Saturday and as I walked onto the little town square in the county seat I had to fight off tears just seeing the other protesters. I know it is exhausting, but all please keep writing. Knowing what is happening is so important.
Christine, I have SO many great authors I look forward to each day, that to try and list them all here would be, as I like to say, just goofy. I thought I'd attempt a dose of humor, to add to Mr. Rideout's "Good for the heart, Good for the soul" advise. My 70 yr old former Marine heart is very heavy these days, as I'm subjected to the Nazi-ism that has flourished here in the Most Corrupt State of Ohio. But like you, I was tremendously uplifted by the turnout, and the SPIRIT, of the gathering in Northeast Ohio on Saturday. Together, we WILL get through this testing of the spirit!
They've been here for100 years. The progeny of Southern Baptist slavers and the crackers they convinced to be the Confederate soldiers to protect their "right" to be superior when they were nowhere close, actually.
I think profanity is the language of the day. I am 80 and never used serious profanity until King Trump took charge of the kingdom. Now the f word is in most of my vocabulary as I watch daily news. My lady like Mom is rolling in her grave wondering what has happened to her daughter. This pedophile must go before zi stroke out. I don't know who can beat JD Vance. Not Kamala. It has to be someone with magical appeal. The Republicans have rallies akin to rock concerts without the talent. They get loud music, sell hats and junk , serve food and spew hate. That is what maga loves. Like a kkk rally. Testosterone raging. Very scary.I am afraid there are more Maga voters than there are of us.
"But the ultra-conservative right-wing Heritage Foundation, the folks who oversaw the creation of Project 2025, found only 1,620 cases of voter fraud from 1982 to 2025. That included 100 cases of noncitizens voting, or as Baker pointed out, “That's about 0.000008% of more than 1.3 billion votes cast in presidential elections in that time.”"
I had to read that three times to make sure my eyes were doing their job communicating data to my brain. Then who are the Republicans in Congress who are advocating for the SAVE Act?!? Why is the media not chasing each one of them down and telling them this FACT from their own much-vaunted Heritage Foundation and then insist on a response?!? Trump is not only a mad man, but he is also an evil force that has a hold on these people.
Could it be that the actual aim of the so-called SAVE act is to disenfranchise many non-white people, many poor people, many people likely to vote for Democratic candidates? Why, yes it could! Heritage is unlikely to spell this out directly, but the Republicans' allergy to straight talk points to the underlying. The "unforeseeable" consequences of this bill are really quite obviously why Trump and Heritage want it so badly.
So, in other words, the Heritage Foundation will ignore its own research. This means they are rotten, lying b--tards. Sorry, but I cannot see it any other way.
Oh please, there’s no excuse for Congress not following their Constitutional duty and representing their constituents. They are accessories to the myriad of crimes of this administration. Trump’s lackies!
I made no excuses for them. But I tell you, a majority of Americans couldn't tell you how many US Senators we have, much less name the House member of their district. The media does a poor job of not holding these people to account and then publicizing what desctructive hypocrites they are.
I am not inclined to let the "majority of Americans" off the hook by suggesting that they can't name their elected representatives. Those same people elected a convicted criminal to the office of president. No one held a gun to their heads.
They walked in there and intentionally handed the power of government to a known criminal who stated, in advance, that he was going to stop allowing people to vote. We are dealing with a much more serious situation that merely dismissing those Trump voters as being ignorant.
Those thousands of people who showed up at his rallies, wore his hates, etc, know who their elected representatives are.
They know that they are doing nothing to save our republic and allowing a criminal to enrich himself in plain sight.
Those esame people are still electing Republicans over Democrats. They do not want a democracy. They love their racism and bigotry. They love dividing people. They feel powerful when black and brown people are attacked and are denied their civil rights and liberties.
What we are being subjected to is deliberate, intentional, criminality via mass communication and subjugation.
I said "Americans." A majority of American voters left, right, center would fail a basic civic exam. Trump's supporters and the opposition are all Americans. So to be accurate, include in your hatred of Trump voters the large number of Democrat voters who either switched or didn't bother to show up to vote for Harris in 2024. We can parse the reasons why, but my stance would be that the Democrat political machine, both election management and current minority leadershio, is criminally stupid, and they're still at it -- how many fundraising emails and texts do you get in a day, and how much significant and cohesive leadership and communication do you see from top Democrats other than rhetorical flourishes? I see very little. But I'm not the one who matters, as I will always vote against Trump. It's the disaffected voter who stayed home, and the switcher, who matters. There's a lot to hate about Trump, but we need to be more honest about his opposition, too. We might get rid of Trump, but immediately afterward we'd better get rid of our own party stink or else our country will continue to falter.
And probably their source of news won't have made them aware of the historic size of the NoKings March instead bigging up stories of violence on LA and Portland. And still 39% support Trump - a frighteniingly large number. Watching as usual in utter dismay and despair from UK as one man rips up 80 years of peace, 80years of Alliances, and makes the whole World poorer and more dangerous. The cost of filling my heating oil tank last week with 500 litres (132 US gallons) of oil increased by £360 ($480) . The effect one deranged convicted felon in one day had on another man 3000 miles away. But at least were safe -for now.
It's not simply Trump. It is the entire Republican party. Hillary Clinton was/is wrong and impolitic about many things, but she was spot-on about "the vast right wing conspiracy" and "basket of deplorables."
Clinton only forgot to mention the deplorable Leftish wing indulgence in purity tests, pipe dreams, and Pied Pipers which helped elect Trump, twice. And they are still at it. Registered Democratic, Independent, and third party voters who right now are dug into their specious rhetoric and non-strategic stance of voting as an individual exercise in personal expression. "Never ever will I vote for any Democrat." "Never ever will I vote for Democrat x, y, or z for reason a, b, or c." People forget that Hitler got into power by winning a legitimate election - after Stalin directed German Communists to treat the Social Democratic Party as the real enemy. A direct line to the vanity antics of Putin gal pal Jill Stein.
I watched the movie “Nuremberg” last night. After that, I started watching the series, “The Diplomat”. Both deal with wars created by the greed and ego of men. MEN! Hillary had flaws and she never professed to be perfect, but she was completely and unequivocally correct. She gave us fair warning. Kamala did the same. God forbid our nation put a woman with vast knowledge, a born negotiator, a proven lawyer, at the helm of our once, great nation!
Why in the hell is it taking the Supreme Court so long to decide the birthright citizenship case?! It’s in the effing Constitution, just like the tariffs! SCOTUS is a pompous, black-robed, out-of-touch good-old-boys club.
Are the justices attempting to register their great importance to this 2026 birthright issue? YES, it is written plainly in the Constitution! Read it, guys! Follow it! You were sworn in by it!
Should be easy peasy. The Court does not seem to grasp the concept of tempus fugit. Perhaps they should get some old pendulum clocks to watch time fly. Or, perhaps they should watch some old soap operas as they seek original intent. “Like sands through the hourglass, so are the days of our lives” to learn the importance of time. Less than 5 minutes to draft the opinions.
For ChatGPT or other AI: “Draft a 7 to 2 Supreme Court decision by Roberts upholding birthright citizenship and a dissent ala Justice Alito. Distinguish Elk vs Wilkins in the majority and rely on it in the dissent.”
You touched my heart with your reference to Heather Cox Ricgardson for the students' desire for an historical perspective and your insight for the legal perspective. My daughter is a Heather devotee and I rely on your legal analysis for all of the news. They come together when we discuss the news - a full 360 every time. Thank you for all the background you do to make your work so spot on every single day. You're a blessing to us all. 🙏
Thanks, Joyce for the heads up and background. Being on the West Coast, you and Heather wrap up my evening before bed... probably the only time I can ever feel 'ahead' of our East Coast colleagues and friends!! ❤️
It's textually part of the 14th Amendment and there's 128 years worth of historical interpretation and most importantly, unsuccessful challenges to the landmark case of United States v. Wong Kim Ark in 1898, establishing that the Birthright Citizenship Clause applies to almost all children born in the U.S., regardless of parents' immigrant status. So the debate over birthright citizenship will almost certainly test the Gang of Six's seeming conditional or selective originalism.
The original discussions around the Clause's inclusion in 14A leave no doubt that the framers discussed birthright citizenship in terms that clearly extended it beyond formerly enslaved people. They used the phrase “all persons born” deliberately and repeatedly and tied the Clause to the broader Reconstruction project of defining national citizenship, not to a single group. Further, the key phrase “subject to the jurisdiction” of the U.S. was defined as ordinary legal authority of the U.S., not exclusive political allegiance (whatever that practically means for an immigrant) as is claimed now by the so-called government. The framers explicitly rejected this interpretation in 1866 when drafting 14A and the Imperial Court, in fact, rejected it in Wong Kim Ark. Even undocumented immigrants are fully subject to U.S. criminal and civil law — which is the traditional meaning of “jurisdiction.” There is also the matter of dual citizenship which is accepted, if not formally recognized, by the U.S. And as far as the overtly political contention that citizenship should be based on national consent, the Constitution clearly does not use a consent-based model; it uses a territorial one.
Then on top of all this, there is the inconvenient Immigration and Nationality Act of 1952, which says that anyone “born in the United States, and subject to the jurisdiction thereof,” is a citizen. However the so-called government might interpret the original meaning of the Birthright Citizenship Clause of the 14th Amendment, there is substantial evidence — in judicial decisions, legislative reports and executive practice — that Congress understood the 1952 law to guarantee birthright citizenship. In any event, don't take my word for the framers' intent, satisfy yourself with the record available in the Congressional Globe.
Congressional Globe Citations & Key Figures
Introduction of Citizenship Clause
p. 2890
Howard*
Meaning of “jurisdiction”
pp. 2890–2891
Howard
Children of immigrants (Chinese, Roma)
pp. 2890–2893
Cowan, Conness, Trumbull**
Allegiance & legal authority
p. 2893–2894
Trumbull
Civil Rights Act precursor debates
pp. 474–478, 1117–1121
Trumbull, Bingham***
*Sen. Jacob Howard (R-MI)
** Sen. Edgar Cowan (R-PA), Sen. John Conness (R-CA), Sen. Lyman Trumbull (R-IL)
***Rep. John Bingham (R-OH), considered the "father" of 14A
The Congressional Globe is organized by volume, session, and page. The key debates all occur in 39th Congress, 1st Session (1866). The Library of Congress (LOC) hosts complete, high resolution scans of the Congressional Globe volumes and is the most authoritative and historically faithful source because it reproduces the original typography and pagination. LOC website>Search for "Congressional Globe 39th Congress 1st Session”>Open the volume and navigate directly to the page numbers (e.g., 2890–2894). There are other sources as well including, the Government Publishing Office (GPO), HathiTrust Digital Library (both particularly good for keyword searches) and the Internet Archive.
I admire your expertise and knowledge on this subject. However , because I believe the constitution is a living document, I don’t think we should accept everything written in amendments made that addressed situational, current matters. I believe that certain amendments must be reflected upon for the present time, and or, clarified.
Trump v. Barbara—it will be interesting to see who joins Alito and Thomas in contorting birthright citizenship … those two surely love the 19th Century!
Thank you Joyce. Your notes are a reliable and reasoned insight into what is happening in the USA.
I wonder, though, whether you and your supporters realize how much Trumpism is affecting, even distorting, lives in other continents and countries. Watching from Australia, our country, for the first time in my octogenarian life, is questioning not just the policies and actions of POTUS and your politicians, but also the stance of such the large proportion of your people who invariably support Trumpism.
It is probably fair to say that most Australians have seen the USA as being a cousin and us as part of your family. We have relied on you being our family which means you have helped us when needed and we have helped you when needed or asked. We have thrown our lot in with you and allowed you to have an important communication base in central Australia, military bases along our northern and western coastlines and to enter into a mutual defence agreement (AUKUS) where you are now showing signs of not being able to want to keep your promises. The trust evident in this is beginning to crumble especially when we see the USA attack, endanger and demean other allies.
But that is a geopolitical issue exacerbated by today's military adventurism. To me a greater, and future, issue for Australia is the permission Trump's political, social and economic excesses are giving far right political movements. Such a movement is gaining ground here as it is in Europe and may yet become the most malignant effect of Trumpism on the world.
So, I watch your efforts in countering the poison affecting political life in the USA and support and thank you for it and wish it well. But think, from time to time, of MAGA's victims outside the USA and how much we, too, need your resistance.
Thank you, Joyce. You and Heather Cox Richardson and Robert Reich do keep us sane. Plus Andrew Weisman, Frank Figliuzzi, and Senator Whitehouse. We appreciate all of you. There is so much to keep up with. The SAVE act is the next hurdle, and we must keep working to defeat it. Don't you think more and more evidence will continue to leak from the Epstein files, and damage those individuals and institutions who are compromised? The other banks and foreign nationals? I'm also curious to see what other facts will emerge from the stolen documents case, now that the DOJ accidentally spilled some of the beans. I really don't know how you keep track of it all, but thank you.
I’m confused about the SAVE Act. I’ve always thought, based on language in the Constitution, that voting is controlled by the states. Please explain how Congress can change this and give the Administration ways to control the elections.
If I may, the Elections Clause (Art. I, §4) gives Congress “paramount” authority over the "Times, Places, and Manner" of federal elections. This means it may:
*Set rules for federal voter registration
*Require specific procedures for federal ballots
*Override conflicting state rules
*Mandate federal forms, deadlines, and administrative steps for federal elections
The Supreme Court confirmed this in Arizona v. Inter Tribal Council (2013), holding that federal registration rules preempt state ones for federal elections.
"May," of course, doesn't mean "should" and especially when the attempt is blatantly political and without justification.
I was divorced 25 years ago, then changed back to my maiden name. Out of fatigue with the bureaucracy, I left an account for the benefit of for my son with my married name. I've now been trying to transfer it to my now-adult son's name, but let me tell you, there is nothing easy or straightforward about proving your legal name, people. And now that's the hoop they are trying to put in place for women. Men wouldn't put up with this for themselves, and the smirking "Women are smart enough to prove they're who they are" stuff is...well, I'm not going to put my thoughts about that into print.
Two thoughts: one is that anyone who claims or decries rampant fraud in registering or voting in this country should be required to cite real cases along with their sources including the actual citations. Second, could women who are affected by this act sue for discrimination based on the fact that this law places an unequal burden on women given that societal norms and restrictions required women to take their husbands’ last names when they married or face difficulties and discrimination regarding ownership and other rights enjoyed by men?
Joyce, I feel so bad you’re up late writing, although I very much appreciate all of your legal analysis and advance notice on the coming weeks events. Looking forward to reading your work. Thanks for keeping us all on our toes.
Ms. Vance has a gift for breaking often complex legal topics down so we non-lawyers can understand the legal principles and how they apply or contradict the law. I truly appreciate her explanations and context.
Agreed! Even as an attorney myself, I appreciate her special insight into the governing federal statutes and her ability to digest the sheer volume of legal events generated by this lawless administration.
I was state court judge and I appreciate her federal law insights too'
same here!
I agree with you. I also believe that Ms. Vance is a woman possessed; a women who is so deeply and profoundly disturbed by the current state of government affairs in the United States that if she did not write and publish her work, she probably couldn't sleep at night.
Thank heavens for Joyce. She helps us navigate the legal jargon. Otherwise I would be clueless.
Leslie, your empathy for others is a lovely trait in a human being. I wish we had more people like you in the world.
Me too Leslie
Agreed. That appreciation crosses generations.
Heather and you, every evening if up late or in the mornung keeps me on top of what is important. i'm sure there many on that schedule. There are many good ones out there to follow but you and Heather are like air and water. A nibble of Paul Krugman here, a bit of Lucian Truscott there and we will not only survive, but grow. Chickens allow us to let down, be silly even. Good for the heart. Good for the soul.
And I throw in a little Meidas, a dose of Legum, and a splash of Hubbell to make the daily cocktail just about perfect!
And on top of those authors, I throw in Robert Reich, Heather Delaney Reese, "I Fucking Love Australia" (who, if you can stand the profanity, even occasionally provokes a few scoffs and laughs), Dan Rather, the Contrarian, and a smattering of others. I never watch the news on TV for anything other than the weather and local news (and this from a former CBS addict). I used to read What's Up with Politics, but his writing lately has become so vanilla pudding that I don't know in what decade that young man is living--not the one in which I am living. So, my almost 80-year-old heart is "heartened" each morning and I can get through another day knowing that I am not alone watching the wreckage of my country falling all around me. I attended the No Kings Protest on Saturday and as I walked onto the little town square in the county seat I had to fight off tears just seeing the other protesters. I know it is exhausting, but all please keep writing. Knowing what is happening is so important.
Christine, I have SO many great authors I look forward to each day, that to try and list them all here would be, as I like to say, just goofy. I thought I'd attempt a dose of humor, to add to Mr. Rideout's "Good for the heart, Good for the soul" advise. My 70 yr old former Marine heart is very heavy these days, as I'm subjected to the Nazi-ism that has flourished here in the Most Corrupt State of Ohio. But like you, I was tremendously uplifted by the turnout, and the SPIRIT, of the gathering in Northeast Ohio on Saturday. Together, we WILL get through this testing of the spirit!
As a Jew, the rise of Nazis in this country makes me beyond sick.
They've been here for100 years. The progeny of Southern Baptist slavers and the crackers they convinced to be the Confederate soldiers to protect their "right" to be superior when they were nowhere close, actually.
As an American, I am just as sickened. Please know that, as an American, I have your back, Christine!
Together is the ONLY way.
Just like Joyce says!
Hey, I was just trying to keep it short. I did say MANY!!! HA.
I have so many that all those $60-$80 subs could buy a lot of the furiture we need after the rebuild.
I think profanity is the language of the day. I am 80 and never used serious profanity until King Trump took charge of the kingdom. Now the f word is in most of my vocabulary as I watch daily news. My lady like Mom is rolling in her grave wondering what has happened to her daughter. This pedophile must go before zi stroke out. I don't know who can beat JD Vance. Not Kamala. It has to be someone with magical appeal. The Republicans have rallies akin to rock concerts without the talent. They get loud music, sell hats and junk , serve food and spew hate. That is what maga loves. Like a kkk rally. Testosterone raging. Very scary.I am afraid there are more Maga voters than there are of us.
Me too.
Tastey, yes, but I did say MANY..
"But the ultra-conservative right-wing Heritage Foundation, the folks who oversaw the creation of Project 2025, found only 1,620 cases of voter fraud from 1982 to 2025. That included 100 cases of noncitizens voting, or as Baker pointed out, “That's about 0.000008% of more than 1.3 billion votes cast in presidential elections in that time.”"
I had to read that three times to make sure my eyes were doing their job communicating data to my brain. Then who are the Republicans in Congress who are advocating for the SAVE Act?!? Why is the media not chasing each one of them down and telling them this FACT from their own much-vaunted Heritage Foundation and then insist on a response?!? Trump is not only a mad man, but he is also an evil force that has a hold on these people.
Could it be that the actual aim of the so-called SAVE act is to disenfranchise many non-white people, many poor people, many people likely to vote for Democratic candidates? Why, yes it could! Heritage is unlikely to spell this out directly, but the Republicans' allergy to straight talk points to the underlying. The "unforeseeable" consequences of this bill are really quite obviously why Trump and Heritage want it so badly.
How can Heritage want it so badly if their own research showed a minuscule amount of "voter fraud" over 33 years?
Because what Heritage really wants is to disenfranchise Those People. "Voter fraud" is just an excuse to do that.
So, in other words, the Heritage Foundation will ignore its own research. This means they are rotten, lying b--tards. Sorry, but I cannot see it any other way.
Heritage has gone full MAGAt and is now a domestic terror organization. Project 2025 is an attack on America.
We who believe in democracy will never understand their thinking.
They afraid.
Oh please, there’s no excuse for Congress not following their Constitutional duty and representing their constituents. They are accessories to the myriad of crimes of this administration. Trump’s lackies!
I made no excuses for them. But I tell you, a majority of Americans couldn't tell you how many US Senators we have, much less name the House member of their district. The media does a poor job of not holding these people to account and then publicizing what desctructive hypocrites they are.
I am not inclined to let the "majority of Americans" off the hook by suggesting that they can't name their elected representatives. Those same people elected a convicted criminal to the office of president. No one held a gun to their heads.
They walked in there and intentionally handed the power of government to a known criminal who stated, in advance, that he was going to stop allowing people to vote. We are dealing with a much more serious situation that merely dismissing those Trump voters as being ignorant.
Those thousands of people who showed up at his rallies, wore his hates, etc, know who their elected representatives are.
They know that they are doing nothing to save our republic and allowing a criminal to enrich himself in plain sight.
Those esame people are still electing Republicans over Democrats. They do not want a democracy. They love their racism and bigotry. They love dividing people. They feel powerful when black and brown people are attacked and are denied their civil rights and liberties.
What we are being subjected to is deliberate, intentional, criminality via mass communication and subjugation.
I said "Americans." A majority of American voters left, right, center would fail a basic civic exam. Trump's supporters and the opposition are all Americans. So to be accurate, include in your hatred of Trump voters the large number of Democrat voters who either switched or didn't bother to show up to vote for Harris in 2024. We can parse the reasons why, but my stance would be that the Democrat political machine, both election management and current minority leadershio, is criminally stupid, and they're still at it -- how many fundraising emails and texts do you get in a day, and how much significant and cohesive leadership and communication do you see from top Democrats other than rhetorical flourishes? I see very little. But I'm not the one who matters, as I will always vote against Trump. It's the disaffected voter who stayed home, and the switcher, who matters. There's a lot to hate about Trump, but we need to be more honest about his opposition, too. We might get rid of Trump, but immediately afterward we'd better get rid of our own party stink or else our country will continue to falter.
https://www.pewresearch.org/politics/feature/how-changes-in-turnout-and-vote-choice-powered-trumps-victory-in-2024/
And probably their source of news won't have made them aware of the historic size of the NoKings March instead bigging up stories of violence on LA and Portland. And still 39% support Trump - a frighteniingly large number. Watching as usual in utter dismay and despair from UK as one man rips up 80 years of peace, 80years of Alliances, and makes the whole World poorer and more dangerous. The cost of filling my heating oil tank last week with 500 litres (132 US gallons) of oil increased by £360 ($480) . The effect one deranged convicted felon in one day had on another man 3000 miles away. But at least were safe -for now.
The Washington Post yesterday had nothing on their digital first page about the No Kings marches. Nothing!!!
Correct
It's not simply Trump. It is the entire Republican party. Hillary Clinton was/is wrong and impolitic about many things, but she was spot-on about "the vast right wing conspiracy" and "basket of deplorables."
Clinton only forgot to mention the deplorable Leftish wing indulgence in purity tests, pipe dreams, and Pied Pipers which helped elect Trump, twice. And they are still at it. Registered Democratic, Independent, and third party voters who right now are dug into their specious rhetoric and non-strategic stance of voting as an individual exercise in personal expression. "Never ever will I vote for any Democrat." "Never ever will I vote for Democrat x, y, or z for reason a, b, or c." People forget that Hitler got into power by winning a legitimate election - after Stalin directed German Communists to treat the Social Democratic Party as the real enemy. A direct line to the vanity antics of Putin gal pal Jill Stein.
I watched the movie “Nuremberg” last night. After that, I started watching the series, “The Diplomat”. Both deal with wars created by the greed and ego of men. MEN! Hillary had flaws and she never professed to be perfect, but she was completely and unequivocally correct. She gave us fair warning. Kamala did the same. God forbid our nation put a woman with vast knowledge, a born negotiator, a proven lawyer, at the helm of our once, great nation!
Why in the hell is it taking the Supreme Court so long to decide the birthright citizenship case?! It’s in the effing Constitution, just like the tariffs! SCOTUS is a pompous, black-robed, out-of-touch good-old-boys club.
And I just read they're corrupted by Koch $$. I was so wondering the source of their perfidy...
Are the justices attempting to register their great importance to this 2026 birthright issue? YES, it is written plainly in the Constitution! Read it, guys! Follow it! You were sworn in by it!
Should be easy peasy. The Court does not seem to grasp the concept of tempus fugit. Perhaps they should get some old pendulum clocks to watch time fly. Or, perhaps they should watch some old soap operas as they seek original intent. “Like sands through the hourglass, so are the days of our lives” to learn the importance of time. Less than 5 minutes to draft the opinions.
For ChatGPT or other AI: “Draft a 7 to 2 Supreme Court decision by Roberts upholding birthright citizenship and a dissent ala Justice Alito. Distinguish Elk vs Wilkins in the majority and rely on it in the dissent.”
https://chatgpt.com/s/t_69ca4f62e9f481918ca7c54344e848b5
I’m really worried about that SAVE act because we rely on voting ourselves out of this mess. But, meanwhile
A small group of thoughtful, committed citizens can change the world. Indeed, it’s the only thing that ever has.
Margaret Mead
You touched my heart with your reference to Heather Cox Ricgardson for the students' desire for an historical perspective and your insight for the legal perspective. My daughter is a Heather devotee and I rely on your legal analysis for all of the news. They come together when we discuss the news - a full 360 every time. Thank you for all the background you do to make your work so spot on every single day. You're a blessing to us all. 🙏
Thanks, Joyce for the heads up and background. Being on the West Coast, you and Heather wrap up my evening before bed... probably the only time I can ever feel 'ahead' of our East Coast colleagues and friends!! ❤️
It's textually part of the 14th Amendment and there's 128 years worth of historical interpretation and most importantly, unsuccessful challenges to the landmark case of United States v. Wong Kim Ark in 1898, establishing that the Birthright Citizenship Clause applies to almost all children born in the U.S., regardless of parents' immigrant status. So the debate over birthright citizenship will almost certainly test the Gang of Six's seeming conditional or selective originalism.
The original discussions around the Clause's inclusion in 14A leave no doubt that the framers discussed birthright citizenship in terms that clearly extended it beyond formerly enslaved people. They used the phrase “all persons born” deliberately and repeatedly and tied the Clause to the broader Reconstruction project of defining national citizenship, not to a single group. Further, the key phrase “subject to the jurisdiction” of the U.S. was defined as ordinary legal authority of the U.S., not exclusive political allegiance (whatever that practically means for an immigrant) as is claimed now by the so-called government. The framers explicitly rejected this interpretation in 1866 when drafting 14A and the Imperial Court, in fact, rejected it in Wong Kim Ark. Even undocumented immigrants are fully subject to U.S. criminal and civil law — which is the traditional meaning of “jurisdiction.” There is also the matter of dual citizenship which is accepted, if not formally recognized, by the U.S. And as far as the overtly political contention that citizenship should be based on national consent, the Constitution clearly does not use a consent-based model; it uses a territorial one.
Then on top of all this, there is the inconvenient Immigration and Nationality Act of 1952, which says that anyone “born in the United States, and subject to the jurisdiction thereof,” is a citizen. However the so-called government might interpret the original meaning of the Birthright Citizenship Clause of the 14th Amendment, there is substantial evidence — in judicial decisions, legislative reports and executive practice — that Congress understood the 1952 law to guarantee birthright citizenship. In any event, don't take my word for the framers' intent, satisfy yourself with the record available in the Congressional Globe.
Congressional Globe Citations & Key Figures
Introduction of Citizenship Clause
p. 2890
Howard*
Meaning of “jurisdiction”
pp. 2890–2891
Howard
Children of immigrants (Chinese, Roma)
pp. 2890–2893
Cowan, Conness, Trumbull**
Allegiance & legal authority
p. 2893–2894
Trumbull
Civil Rights Act precursor debates
pp. 474–478, 1117–1121
Trumbull, Bingham***
*Sen. Jacob Howard (R-MI)
** Sen. Edgar Cowan (R-PA), Sen. John Conness (R-CA), Sen. Lyman Trumbull (R-IL)
***Rep. John Bingham (R-OH), considered the "father" of 14A
The Congressional Globe is organized by volume, session, and page. The key debates all occur in 39th Congress, 1st Session (1866). The Library of Congress (LOC) hosts complete, high resolution scans of the Congressional Globe volumes and is the most authoritative and historically faithful source because it reproduces the original typography and pagination. LOC website>Search for "Congressional Globe 39th Congress 1st Session”>Open the volume and navigate directly to the page numbers (e.g., 2890–2894). There are other sources as well including, the Government Publishing Office (GPO), HathiTrust Digital Library (both particularly good for keyword searches) and the Internet Archive.
I admire your expertise and knowledge on this subject. However , because I believe the constitution is a living document, I don’t think we should accept everything written in amendments made that addressed situational, current matters. I believe that certain amendments must be reflected upon for the present time, and or, clarified.
And exactly what would you have the amendment and clause in question "reflect?" And with what consequence?
Trump v. Barbara—it will be interesting to see who joins Alito and Thomas in contorting birthright citizenship … those two surely love the 19th Century!
Alito loves the 17th century, when the prosecution of witches was still a thing in England and the United States.
Absolutely right! Trump piteously whines about witch hunts … Alito covets witch trials. “Wimmins is evil,” sayeth I.
Thank you so much, Joyce!
Thank you Joyce. Your notes are a reliable and reasoned insight into what is happening in the USA.
I wonder, though, whether you and your supporters realize how much Trumpism is affecting, even distorting, lives in other continents and countries. Watching from Australia, our country, for the first time in my octogenarian life, is questioning not just the policies and actions of POTUS and your politicians, but also the stance of such the large proportion of your people who invariably support Trumpism.
It is probably fair to say that most Australians have seen the USA as being a cousin and us as part of your family. We have relied on you being our family which means you have helped us when needed and we have helped you when needed or asked. We have thrown our lot in with you and allowed you to have an important communication base in central Australia, military bases along our northern and western coastlines and to enter into a mutual defence agreement (AUKUS) where you are now showing signs of not being able to want to keep your promises. The trust evident in this is beginning to crumble especially when we see the USA attack, endanger and demean other allies.
But that is a geopolitical issue exacerbated by today's military adventurism. To me a greater, and future, issue for Australia is the permission Trump's political, social and economic excesses are giving far right political movements. Such a movement is gaining ground here as it is in Europe and may yet become the most malignant effect of Trumpism on the world.
So, I watch your efforts in countering the poison affecting political life in the USA and support and thank you for it and wish it well. But think, from time to time, of MAGA's victims outside the USA and how much we, too, need your resistance.
Hugo Zweep
Thank you, Joyce. You and Heather Cox Richardson and Robert Reich do keep us sane. Plus Andrew Weisman, Frank Figliuzzi, and Senator Whitehouse. We appreciate all of you. There is so much to keep up with. The SAVE act is the next hurdle, and we must keep working to defeat it. Don't you think more and more evidence will continue to leak from the Epstein files, and damage those individuals and institutions who are compromised? The other banks and foreign nationals? I'm also curious to see what other facts will emerge from the stolen documents case, now that the DOJ accidentally spilled some of the beans. I really don't know how you keep track of it all, but thank you.
I’m confused about the SAVE Act. I’ve always thought, based on language in the Constitution, that voting is controlled by the states. Please explain how Congress can change this and give the Administration ways to control the elections.
If I may, the Elections Clause (Art. I, §4) gives Congress “paramount” authority over the "Times, Places, and Manner" of federal elections. This means it may:
*Set rules for federal voter registration
*Require specific procedures for federal ballots
*Override conflicting state rules
*Mandate federal forms, deadlines, and administrative steps for federal elections
The Supreme Court confirmed this in Arizona v. Inter Tribal Council (2013), holding that federal registration rules preempt state ones for federal elections.
"May," of course, doesn't mean "should" and especially when the attempt is blatantly political and without justification.
HCR and you - every day. I appreciate the effort you both put into keeping us informed. Thank you. 😊
I was divorced 25 years ago, then changed back to my maiden name. Out of fatigue with the bureaucracy, I left an account for the benefit of for my son with my married name. I've now been trying to transfer it to my now-adult son's name, but let me tell you, there is nothing easy or straightforward about proving your legal name, people. And now that's the hoop they are trying to put in place for women. Men wouldn't put up with this for themselves, and the smirking "Women are smart enough to prove they're who they are" stuff is...well, I'm not going to put my thoughts about that into print.
Two thoughts: one is that anyone who claims or decries rampant fraud in registering or voting in this country should be required to cite real cases along with their sources including the actual citations. Second, could women who are affected by this act sue for discrimination based on the fact that this law places an unequal burden on women given that societal norms and restrictions required women to take their husbands’ last names when they married or face difficulties and discrimination regarding ownership and other rights enjoyed by men?