Episode 12

This Land Is Your Land

00:00:00
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01:11:10

December 10th, 2025

1 hr 11 mins 10 secs

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Special Guest
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About this Episode

In this conversation, we discuss the history of birthright citizenship in the U.S., as well as the current controversy, including the role of the courts, especially the Supreme Court. My guest is Jacob Hamburger. Hamburger is Assistant Professor of Law in the Marquette Law School. Previously, he taught at Cornell Law, and he earned his J.D. at the University of Chicago Law School. He teaches Immigration Law, Civil Procedure, and a seminar on Immigration Federalism. His research explores the legal processes at the federal, state, and local levels that shape the lives of noncitizens in the United States.

OTHER LINKS
--"Jeb Bush: Birthright citizenship is part of our global [sic] heritage," video clip from NBC News
--President Trump's executive order on birthright citizenship
--United States v. Wong Kim Ark Wikipedia entry
--"The consequences of ending birthright citizenship," by Jacob Hamburger, in the Washington University Law Review
--Jus soli vs. jus sanguinis (Wiki entries)
--December 8, 2025 edition of Steve Vladeck's "One First" Substack ("On the docket" section)
--"Statewide injunctions," by Jacob Hamburger, work in progress
--"The rise of the 'immigrant-as-injury' theory of state standing," by Jennifer Lee Koh, in the American University Law Review

MUSIC CREDITS (all songs from Free Music Archive, and each song carries the "cc by" license)
--"The Trail," by Unheard Music Concepts
--"Funky End," by Pawel Feszczuk
--"Pleasure," by Haunted Me
--"Caress me to sleep," by rui