Speaker 1: What's going on. Thank you so much for listening to
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smartphone or tablet. And again, thank you so much for
your support. All Right, so let's talk about birthright citizenship Shally,
Of all of the billions of executive orders that I
could pick to go deep on, this is one of them.
Because I know this issue has been I mean, this
has been an issue for decades, despite what you may hear.
I'm old enough to remember when people were talking about
this twenty plus years ago, right when George W. Bush
tried his amnesty plan. Was when I first became aware
of this and started, you know, reading up on it.
And I've heard all of these arguments, and now we're
going to have the argument, which is, by the way,
what happens in a democracy. That's what happens. You guys
say we're a democracy, you are defenders of the democracy,
and great, well, this is what a democracy looks like.
Right to channel the Antifah moon bats marching in the
streets with their drums and devil sticks. That's what they're called,
those little batons that anyway, we have the debate. We
have a discussion because we are self governing. That's what
a democracy is about. We govern ourselves. We are adults,
well most of us, we are adults. We are to
debate and discuss and tease out the different arguments. And
I understand if you have, like an entire media industry
that caters to your slogans and bumper sticker bromides, that
you never actually have to develop an argument, so you
don't know how to do that. You don't know what
it sounds like. You're not sure how to make ones.
I get that. But this is what we're going to
do with this issue. And by the way, I can
actually understand the arguments on both sides, and that's what
makes it difficult. And I'm sorry if it's difficult, but
I'm not actually sorry. As Thomas Soul has said, there
are no solutions, there are only trade offs. But you
know me, I'm all about solutions. So we are going
to so we're going to take a look at the
at this argument. Okay, so two separate. We're going to
start here with the news and we knew this was
coming as soon as you know, Trump said he's going
to do all of these executive orders. The shock and
awe just you know, bombard the news cycle with two
hundred executive orders. And I think this is it has
the impact of diffusing, not defusing, but diffusing a lot
of the reactions. I don't know if I said this
on the show yesterday or if it was in an
interview that I did, but it doesn't matter that I'll
say it again. Is that, like you have all these
different coalitions inside the Democrat Party that they have their
own issue that you know, particularly animates them. That's why
they're involved in politics. I'm not denigrating that. That's usually
why people get involved in politics, as there is an
issue that affects them or they are animated by and
so they they that's their access point into the world
of politics. Well, when you have two hundred executive orders
covering all these different things, you have all of these
different people and groups and coalitions that are built around
particular issues, and now it breaks them up. It splinters
it up because the thing that I care about is
addressed in Executive Order you know, a billion one, and
your thing that you care about is in Executive Order
one billion, twelve. And so you're going after that one
and you're making you know, public pronouncements, and you're trying
to fundraise and you know, sending out TikTok videos. Can
you still do that? I think again? So sending out
the videos on your issue. Meanwhile, I'm over here basically
competing for the same audience eyeballs as you are. So
it has spread it out a lot rather than just
do one, and everybody gets to direct their fire. They can,
you know, sort of like Ghostbusters, you know, join the
streams there and all focus their fire on one target.
So two separate coalitions of Attorneys general allege that this
latest executive order from the President Donald Trump violates the
fourteenth Amendment, which guarantees that anybody born in the United
States is considered a legal citizen, regardless of their parents'
immigration status the president. This is from the uh Federal lawsuit.
The president has no authority to rea rite or nullify
a constitutional amendment or duly enacted statute, nor is he
empowered by any other source of law to limit who
receives United States citizenship at birth. Trump's order directs federal
departments and agencies to stop issuing citizenship documents to US
born children whose mothers are staying in the country illegally
or otherwise staying temporarily if the father is not a
US citizen or a lawful and permanent resident. The order
takes effect next month. So, in other words, if you
have two parents and neither one of them are legal
immigrants or you have permission to be here, then you
don't get citizenship. This is what is referred to as
the anchor baby, and it is called that because once
you have the child, it anchors the family. See, it's
one thing for the child to be the citizen, but
because of the other immigration law, which I don't see
addressed really in any of the coverage on all of this,
you then get to basically hook into the child's status,
and that then bumps you ahead of the line in
getting access to government services and maybe even potentially citizenship
for yourself. So there is an entire industry where people
come here as quote tourists on tourist visas to have
their children did you know that? Do you think that
there is an opportunity to abuse this program if you
are let's say, a nefarious government agency, Okay, I'll answer it, yes,
of course. And in fact it has been done. It
has already been done. Have you seen them or the
TV series The Americans? That's what they did, right to
Russian spies or Soviet Union spies. I know it's a
fictional work, but a lot of it is rooted in
historical nonfiction. And so you have these spies that get
fake identities, they come to America, they have their kids,
and their kids are basically American. They're raised in the
American system because the spies are deep under cover. So
if you have mal intent, this is a way to
do that. But you don't even have to go through
the trouble of faking your own passports and stuff. Right,
you just come in, have the babies. And if you
are a bad actor, now you have this connection or
this quote anchor, you have this connection and you get
a reason to stay. Is that a problem from a
policy standpoint? I would say yes, it is. How can
we address this particular problem? How do we get at
that that doesn't and it doesn't matter what country you're
coming from. Let's say Russia. I know the left hates Russia. Now,
so let's say Russia. Right. What if pooty poot sends
a bunch of people into America, they start having babies
in America, right, and now they can essentially build up
a foreign intel operation. Right, And that's the Russians. And
that's I think that's how Trump got elected. He had
all the anchor babies. I'm kidding. I'm just kidding. The
new administration takes issue with the phrase in the fourteenth
Amendment that says subject to the jurisdiction thereof. That is
the key phrase at the heart of all of this.
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I survived the snow apocalypse. I hope you did as well.
I did. I did get a little squirrely on one
of the well my car did. I got a little
squirrely on some ice patches last night and even today
coming in coming out of the neighborhood. It's the secondary
and tertiary roads that are bad. And this is the
thing where people are like, and I just heard it
again yesterday, someone was like, Oh, I'm from up north.
This is nothing like you think it's nothing because you
think it's snow. It's not snow. It is snow, but
then it becomes something else, Satan's slurry, and it all
freezes and you can have all the four wheel drive
you want. It just means four wheel spin. Okay on
the ice everything ice is over. And the main roads
are good. Main roads, your primary roads and highways, they're
all good. It's the secondary roads that eh a little sketchy.
And then your tertiary roads, which are the ones that
connect off of the secondary roads, like yourghborhood streets and stuff.
Those things there, they can be in pretty bad shape.
Some of mine were. So a lot of people working
from home today. I welcome you to the program. If
you have not ever heard this before, it's seven oh
four five, seven oh eleven ten is the phone number.
Email is Pete at dpeteclendershow dot com and on Twitter
at Pete Calender. I did get a message on Twitter
from Darryl it's a pete tweet. He says. We always
hear about standing in lawsuits, like do you have standing
to bring the lawsuit? So how to state attorney's attorneys
general have standing in the birthright citizenship issue? And I'm
glad you asked. I have it right here. I will
take North Carolina for example. We are our Attorney General,
Jeff Jackson, Democrat aka Baby Jesus. He has filed on
behalf of the state of North Carolina. Along with all
these other Blue states. North Carolina is aggrieved and has
standing to bring this action because defendants action, the President's
action of purporting to strip citizenship from United States citizens
born and residing in North Carolina, receiving benefits in North Carolina,
and receiving government services in North Carolina harms North Carolina's sovereign,
proprietary and quasi sovereign interests and will continue to cause
injury unless and until enforcement of the order is permanently enjoined.
So that's there, and that is replicated for every state
that's a party to the lawsuit. They say the exact
same thing for every state. So that's their argument for
why they have standing. Now, whether a judge, you know,
or judge is agree with it. We shall see, but
that's their argument for why they have standing to bring
the case. So let me read on a second the
Constitution's fourteenth Amendment. Here it is all persons born or
naturalized in the United States, and subject to the jurisdiction thereof,
are citizens of the United States and of the state
wherein they reside. Period. Okay, that's the first sentence. All
persons born or naturalized in the United States, and subject
to the jurisdiction thereof. That's the phrase. And subject to
the jurisdiction thereof. That's the phrase that gets everybody arguing
what does it mean? Subject to the jurisdiction thereof. And
then it goes on to say no States shall make
or enforce any law which shall abridge the privileges or
immunities of citizens of the United States. Nor shall any
State deprive any person of life, liberty, or property without
due process of law, nor deny to any person within
its jurisdiction the Equal Protection of the Laws. Fourteenth Amendment
passed after the Civil War, So the new administration takes
issue with this phrase subject to the jurisdiction thereof, arguing
the amendment does not apply to kids whose parents are
residing in the US unlawfully or are here temporarily. The
first lawsuit was brought by New Jersey, Massachusetts, California, Colorado, Connecticut, Delaware, Washington,
d c, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico,
New York, North Carolina, Rhode Island, Vermont, Wisconsin, and San Francisco,
Like they just threw a city in there. And then
there's a second lawsuit filed by Washington State, Arizona, Illinois,
and Oregon. There are two other lawsuits from progressive organizations,
including the ACLU and Lawyers for Civil Rights. Both lawsuits
are requesting a preliminary injunction to prevent the order from
taking effect on February nineteenth. All right, I hope you
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remember those old VHS tapes? Did you ever get them transferred?
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this now from the Associated Press. The White House said
that it is ready to face these states in court
and called the lawsuits quote nothing more than an extension
of the left's resistance. Radical leftists can either choose to
swim against the tide and reject the overwhelming will of
the people, or they can get on board and work
with President Trump's at White House. Deputy Press Secretary Harrison
Fields just by the way, on that the polling I
have at some point somewhere in the stack of stuff
the polling here it is the polling is actually not
in favor of what the president did changing The question
was asked in a January ap NARC survey if they
ask people if they support or oppose quote changing the
constitution so children born in the United States are not
automatically granted citizenship if their parents are here illegally. They
found twenty eight percent favored it, so twenty eight percent
favor ending birthright citizenship. Another twenty percent did not support
or oppose, so undecided basically twenty percent, and then fifty
one percent opposed it. And then there was another survey
by the New York Times, forty one percent support ending
birthright citizenship, fifty five percent opposed ending it. So it's
pretty evenly split, but it is more in favor of
keeping birthright citizenship. So that's just the polling on it.
I'm not telling you to agree or disagree. I'm not
advising anybody on what the quote right position is. Reasonable
people will disagree about this, okay. It's it's a tough
issue and there are a lot of different parts to it.
And stand. Having calm, rational debates about these kinds of
things is not particularly in style in America. But I
endeavor to set a new trend, much like I did
with the word votainer. You see how well that caught on.
At issue in this case is the right to citizenship
granted to anybody born in the US, regardless of their
parents' immigration status. People in the US on a tourist
visa or another kind of visa, or they're in the
country illegally can become the parents of a citizen if
their child is born here. It's enshrined. This is associated press.
It's enshrined in the fourteenth Amendment of the Constitution, say supporters.
But Trump and his allies dispute the reading of the
amendment and say there need to be tougher standards on
becoming a citizen. The US is among about thirty countries
where birthright citizenship is applied. Most are in the Americas,
and Canada and Mexico are among them. Most other countries
confer citizenship based on whether at least one parent is
a citizen, or have a modified form of birthright citizenship
that may restrict automatic citizenship to kids of parents who
are on their territory legally right. So there are a
bunch of different models that are out there, but for
the most part, in our hemisphere, our side of the
planet over here, generally the principle is what they call
jus or just jus soli soli, which translates, I think
that's Latin translates to right of the soil. So that's
the standard that supply, born here, you're a citizen. The
other are the other side of the argument is jus sanguinous,
which is right of blood, and that's from your lineage.
If your parents are citizens, then you're a citizen. Right.
So if your parents are here on a TOURUS visa
and oh look at that, we just happened to time
our world tour to end up in America, just as
you know, I'm giving birth. Oh what are the odds? Yeah,
what are the odds. But like so, because we are
just soli, it's of the soil. You are on the soil.
So your rights are now of a citizen because you
were on the soil versus through the blood. The Fourteenth Amendment,
according to the AP did not always guarantee birthright citizenship
to all US born people, though it did not always
do that. Congress did not authorize citizenship for all Native
Americans born in the United States until nineteen twenty four,
which is yeah, Indians were not They did not consider
them citizens just because they were born in America, right,
which is kind of weird looking back on it. It's right,
they're in their name native American. You would think like
that anyway. Then there is a case Wang kim Arc.
Three names. It's a guy's name, Wang kim Arc. All right.
I'm going to get into that case as well, because
that's the seminal case. But some advocates of immigration restrictions
have argued that while the case the Wong Kim r
Case clearly applied to children born to parents who are
both legal immigrants, it's not clear whether it applies to
children born to parents without legal status. See there's the
dividing line here, right, And I suspect this is why,
for you know, the last twenty years, there's been this
full court press to conflate all immigrants with each other,
that legal, illegal, tourist, visa, work, visa, whatever. It's like
everybody's the same, but everybody's not the same. There are
all these different classifications for a reason. And I I
know the left doesn't particularly care for conventional definitions and such,
but they then probably I need to understand that these
definitions exist for a reason, and so when you strip
away the meanings of words, it becomes much easier to
mold the words to achieve your policy goals. And that's
what we have been seeing in the immigration debate. And
so this is why I welcome the debate. This executive
order is going to force this discussion. All right, If
you're listening to this show, you know I try to
keep up with all sorts of current events, and I
know you do too, and you've probably heard me say
get your news from multiple sources. Why well, because it's
how you detect media bias, which is why I've been
so impressed with ground News. It's an app and it's
a website and it combines news from around the world
in one place, so you can compare coverage and verify information.
You can check it out at check dot ground, dot
news slash pete. I put the link in the podcast
description too. I started using ground News a few months
ago and more recently chose to work with them as
an affiliate because it lets me see clearly how stories
get covered and by whom. The blind spot feature shows
you which stories get ignored by the left and the right.
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access to every feature. Your subscription then not only helps
my podcast, but it also supports Ground News as they
make the media landscape more transparent. So the North Carolina
Attorney General Jeff Jackson aka Baby Jesus, he has joined
with eighteen other attorneys general to challenge Trump's executive order
that attempts to end birthright citizenship under the fourteenth Amendment
and the interpretation by the courts of the fourteenth Amendment
and the law that was passed about the fourteenth Amendment
and about citizenship. So here is the statement from Jeff
Jackson quote, the Constitution leaves no room for I'm doing
his TikTok voice. Have you ever seen his videos, which,
by the way, I did get a message regarding hang
on the snowmageddon that hit Charlotte overnight from Mamma Tudid,
who says a snow day reminder, if you are a
bright new budding ambitious congressman or woman. This is the
perfect day to go into work and then send out
a whole bunch of tweets about what you would do.
Make that baby Jesus mark on laws and stuff. Right,
that's what propelled Jeff Jackson to fame. Remember that for
people who are not aware, this is how Jeff Jackson
became this TikTok star. It actually started on Twitter where
it was a snow day. He was in Raleigh. He's
from the Charlotte area, so he was up in Raleigh.
It snowed, and he was in the legislature and they
were like, it's too much snow, so we can't go
to a session or whatever, and so but he was like,
I'm here, I'm alone here, and so oh, while I
got the you know, while I have the floor, let
me go ahead and pass all this stuff. And so
he just starts like tweeting out, I've passed Medicaid expansion
for all, I've done this, I've done that for the children,
for the elderly, you know, just like this whole laundry
list of left wing wishes and all of the lefties
who are all you know, sitting at home scrolling through
Twitter with very little content being created. They see this
and they're all like, oh my gosh, Slay queen, and
they're all like loving on Jeff Jackson, and boom, he
becomes this sort of overnights star and he gets onto
the MSNBC circuit and the CNN circuit and he's like
doing all of the interviews like, oh my gosh, like
you such a moment, your tweets went viral, Oh my god,
Jeff Jackson. And this engendered some jealousy among his Democrat colleagues,
who began calling him, I don't think to his face,
baby Jesus. This was the term that they used for
him because like there was you know, yeah, because he
has he has all the accolades and everybody is celebrating him.
But but it's the baby Jesus, Like, what has he
actually done yet? Nothing. It's just a baby. He's just
laying there in the manger's you know, I understand anyway,
So that's why that's why they started calling him that.
So he puts out but hey, look, he has used
it to propel himself into the Attorney General's office and
previously into a congressional seat. So he says the Constitution
leaves no room for executive reinterpretation on this matter. It
is clear, settled, and binding. This order seeks to undermine
that clarity, creating legal uncertainty and denying fundamental rights to
children born in this country. As Attorney General, my role
is straightforward as well, to defend the Constitution. That's why
I've joined this lawsuit to uphold the rule of law
and preserve the rights that have defined our nation for generations.
The new executive order, which was signed yesterday violates the
Fourteenth Amendment and Section fourteen oh one of the Immigration
and Nationality Act. The Fourteenth Amendment clearly states all persons
born or naturalized in the US and subject to the
jurisdiction thereof are citizens of the United States. Through no
fault or action of their own, these children will lose
their most basic rights and live under the threat of deportation.
It is also unclear how North Carolina parents would be
able to document and prove that their newborns are American citizens,
since North Carolina birth certificates may not contain the necessary
information to satisfy the requirements of the executive order. All right,
So that is from Jeff Jackson and I suspect that
is the rationale being used by many of the ags
that are party to the lawsuit. I think there are
like twenty two states that are now suing, and I
believe that they are all they are all blue states.
A message from Timoteo who says, for once, the Democrats
are right, and it's a damn shame Trump. Trump knows this.
It's just the first salvo in getting it changed, right.
I think that the people that are advising Trump on
this issue, they are well aware of the legal arguments.
But this is the test. We are now going to
run this thing all the way through and we are
going to get some clear definitions on what this means,
how it's applied, and all of that. And I am
all for it. The immigration system we have in America
right now is a mess. All right. That'll do it
for this episode. Thank you so much for listening. I
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thank you, so much for listening, and don't break anything
while I'm gone.