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Charlie Kirk is the Founder and President of Turning Point USA, the largest and fastest growing conservative youth activist organization in the country with over 250,000 student members, over 150 full-time staff, and a presence on over 2,000 high school and college campuses nationwide. Charlie is also the Chairman of Students for Trump, which aims to activate one million new college voters on campuses in battleground states in the lead up to the 2020 presidential election. His social media reaches over 100 million people per month and according to Axios, he is one of the "top 10 most engaged" Twitter handles in the world. He is also the host of “The Charlie Kirk Show,” which regularly ranks among the top news shows on Apple podcast charts.
Subscribe on YouTubeAndrew Kolvet on Supreme Court's Birthright Citizenship Ruling: A Constitutional Travesty That Devalues American Citizenship
Andrew Kolvet and Blake Neff break down the Supreme Court's devastating 6-3 ruling on birthright citizenship in Trump v. Barbara, joined by former DOJ Chief of Staff Chad Mizelle. The decision, written by Chief Justice John Roberts and joined by Amy Coney Barrett and the three liberal justices, declares that children of illegal immigrants, tourists, and foreign nationals born on U.S. soil automatically become citizens. Kolvet argues this bastardizes the intent of the 14th Amendment's authors and transforms American citizenship from a covenant of allegiance into a feudal system where mere presence on U.S. soil grants lifelong citizenship, potentially even allowing a child born to Chinese tourists in Guam to one day become president.
The Supreme Court's Devastating Birthright Citizenship Decision
In what Andrew Kolvet describes as "an absolute travesty," the Supreme Court delivered its final ruling of the term in Trump v. Barbara, the birthright citizenship case. The 6-3 decision, with Chief Justice John Roberts joined by the three liberal justices and Amy Coney Barrett, struck down President Trump's executive order attempting to limit birthright citizenship to children of lawful permanent residents and U.S. citizens.
Blake Neff, speaking from the studios in Phoenix, Arizona, notes that while many court watchers predicted this outcome based on oral arguments and prediction markets, the blow still stings. The ruling declares that every child born on U.S. soil—whether to Chinese tourists in Saipan, illegal immigrants crossing the border, or guest workers—automatically becomes a U.S. citizen for life under the 14th Amendment.
The most troubling aspect, Kolvet emphasizes, is that the Court interpreted this as a constitutional matter rather than statutory. This means the only ways to overturn the decision would be through a constitutional amendment or a future Supreme Court case that reverses this precedent, similar to how Roe v. Wade was eventually overturned.
The Founders' Intent vs. The Court's Interpretation
Kolvet presents compelling historical evidence that contradicts the Court's interpretation. An official transcript from May 30, 1866, shows Senator Jacob Howard, who introduced the 14th Amendment, explicitly stating: "This of course will not include persons born in the United States who are foreigners or aliens."
Former DOJ Chief of Staff Chad Mizelle joins the discussion to unpack the ruling's implications. He points out that the fundamental question at stake is: "What is American citizenship? What does it actually mean?" But Mizelle identifies an even deeper issue that Justice Clarence Thomas flags in his dissent—the question of what type of government America has.
"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," Mizelle explains. He argues that Roberts is drawing from the British tradition where being born on the king's land meant belonging to the king—the exact form of government America rebelled against.
A Feudal System Disguised as Constitutional Law
Justice Thomas's dissent emphasizes that America operates on a system of lineage and domicile, not mere physical presence. Mizelle elaborates: "It's not enough to just be passing through the United States to have given birth here and now all of a sudden you are a subject of a king. Rather, if you are domiciled here, if you are saying to the United States, I'm going to give you allegiance and in return I want your protection, then the United States has struck a deal with you."
Mizelle sees the ultimate irony in the left's celebration of this ruling: "While they're out marching around the country yelling about no kings, they have adopted a fundamental system of citizenship that essentially incorporates kingship into United States government."
The Emotional Rather Than Legal Nature of Roberts' Opinion
Blake Neff observes that Justice Roberts' decision contains numerous citations to Dred Scott v. Sanford, the infamous pre-Civil War case. He suggests Roberts seems "held hostage by sappy stories he heard growing up," resulting in what feels like "a very emotional decision as opposed to a purely legal one."
Mizelle agrees there's an emotional quality to the majority opinion, even in "some of the attacks and things that they waged against Justice Thomas and his dissent." He references Plato's concept of philosopher kings who remain "off the grid" and focused solely on interpreting law without political interference—something Roberts has repeatedly failed to do.
The Shocking Implications: Chinese Birth Tourism and Presidential Eligibility
Kolvet raises a disturbing question: Does this ruling mean a child born to Chinese tourists in Guam could someday become president? Mizelle confirms this is exactly what the ruling enables.
"It's even worse than that," Mizelle adds, "because if you actually look at how easy it is for a Chinese national to go to Guam, to go to Northern Mariana Islands, they don't even need a visa. They can just apply online." A pregnant Chinese woman can travel there for 14-15 days, give birth, and return home with a U.S. citizen child.
This raises the fundamental question of allegiance. "To whom do you owe an allegiance?" Mizelle asks. "Does that US citizen get to be used by the CCP? Absolutely. Do they get to be used by the PRC against the interest of the United States? Absolutely."
The 14th Amendment's True Purpose
Mizelle explains that the 14th Amendment was designed to correct the injustice of Dred Scott by granting citizenship to formerly enslaved Black Americans. "These are individuals who had no other homeland. They owed allegiance to no other country. Some of these individuals fought in battles on behalf of the United States."
The contrast couldn't be starker. The 14th Amendment rewarded people with undivided allegiance to America with "the greatest thing that we could give them as a nation, citizenship." Now, according to the Supreme Court, people with allegiance to China, El Salvador, Honduras, or any other country automatically receive this precious gift simply by being born on U.S. soil.
As Justice Thomas wrote in his dissent, the ruling "devalues all of our citizenship."
Creating a Two-Tier Citizenship System
Blake Neff identifies a disturbing irony: the 14th Amendment was meant to prevent a caste system and hierarchy of citizens, yet this ruling creates exactly that. "It feels like America is headed towards the point where we're going to have a hierarchy of people who are merely only citizens of the United States and then people who have their backup, their fallback, their alternative citizenship because they're actually Chinese."
Neff emphasizes his own position: "I'm ride or die for America and nothing else." But birth tourists and their children have options—they can benefit from U.S. citizenship while maintaining primary allegiance elsewhere.
What Can Be Done?
Since the Supreme Court ruled this is constitutional rather than statutory, Congress cannot simply pass a law to fix it. However, Mizelle suggests several actions the Trump administration and Congress can take:
- Impose stricter visa laws preventing heavily pregnant women from entering the United States
- Eliminate dual citizenship to reinforce that Americans can only have allegiance to a single country
- Make this issue a litmus test for future Supreme Court nominees
- Work toward either a constitutional amendment or a future case that overturns this precedent
Kolvet notes that Senator Eric Schmitt has already posted about making opposition to this ruling a litmus test for judicial nominees. Future justices must answer definitively: "What constitutes a citizen? What is birthright? What does the 14th amendment actually mean?"
The Problem We've Known About for Years
The show plays a clip from CBS in 2013 featuring a Chinese family who traveled to Los Angeles specifically so their daughter could be born in America and claim U.S. citizenship. The father explains, "I want her to live a happy life." The family returned to China with their American citizen child.
The CBS report documented thousands of Chinese families becoming "birth tourists," staying in maternity hotels near Los Angeles—often single-family homes in quiet neighborhoods. Kolvet expresses frustration that this has been a known problem for over a decade, yet the Supreme Court has now enshrined it as constitutional law. These children can now potentially become president of the United States.
The Historical Precedent of the Indian Citizenship Act
Chad Mizelle points out another troubling aspect of the ruling: it contradicts how America historically understood the 14th Amendment. Native Americans born within U.S. jurisdiction were not automatically considered citizens under the 14th Amendment because they were deemed to have allegiance to tribal nations.
Congress had to pass the Indian Citizenship Act in 1924, signed by Calvin Coolidge, to clarify their citizenship status. This historical fact proves that physical birth on U.S. soil was never considered sufficient for citizenship—allegiance mattered.
Mizelle also notes that this ruling affects international relations: "If I'm France, if I'm another European country, for example, I'm also pissed off about today's ruling because that means a French national who happens to give birth in the United States, now you, the United States, are claiming that child is your citizen as opposed to a French citizen."
What Makes Someone an American?
Kolvet shares a powerful clip of himself defining American citizenship: "We have reduced Americanism down to well, have you filled out your paperwork? The best way I can answer it, it is someone that has demonstrated through objective measurements and markers that this is home. That you have more than respect or reverence. That you're willing to die. That you are all-in. That this is a place that you're willing to bleed for and sacrifice for."
He continues: "This is not a dumping ground for the third world. This is not a social experiment. You had a tear in your eye on July 4th. That you worship God, not Allah. That you have a sense of weight and responsibility that you care about your fellow neighbor. An American is more than just someone that has a US passport."
Kolvet notes this was recorded just weeks before he lost someone important to him, making the words particularly poignant.
The Final Tally and Looking Forward
The ruling was 6-3, with Chief Justice Roberts joined by Justices Sotomayor, Kagan, Jackson, and Barrett in the majority. Justices Alito, Gorsuch, and Thomas dissented. Justice Kavanaugh sided with the majority in striking down the executive order but offered somewhat better reasoning, earning him a "C" in Kolvet's assessment.
Kolvet is unequivocal in his conclusion: "This is a terrible ruling. There's no way around it. And this went as bad as it could have gone."
The decision represents a fundamental transformation in how American citizenship is understood—from a covenant of mutual allegiance between citizen and country to a feudal system where mere presence on U.S. soil grants lifelong citizenship. As Justice Thomas argued, this devalues the citizenship of every American and opens the door to unprecedented foreign influence over American politics and society.
The fight now moves to confirming Supreme Court justices who understand the original intent of the 14th Amendment, potential legislative restrictions on birth tourism, elimination of dual citizenship, and the long-term project of either amending the Constitution or building toward a future case that can overturn this precedent.
Video Transcript
What a whopper of a morning. An absolute
travesty in my humble opinion has taken
place at the Supreme Court. Uh and that
is of course on birthright citizenship.
It's been a mixed court season.
Certainly we've got some wins and we've
got a one very very big loss here. I'm
at the mobile uh Yi studios here. Uh
Blake is in the actual YIFI studios in
Phoenix, Arizona. Blake,
what a morning.
>> What a morning. Uh, I think we were we
were holding out hope it could be a
little better, but I think you and I
both were not super surprised by this
result by this point. This is what a lot
of the court watchers were predicting.
This is what the prediction markets were
predicting. This is where oral arguments
seem to lean. So, we at least had time
to prepare ourselves for the blow. But,
it still stinks. We're referring of
course to the Trump versus Barbara
Supreme Court case uh that finally came
down last decision of the term that is
the birthright citizenship case.
President Trump issued an executive
order early in this term trying to
declare that only the actual children of
lawful permanent residents and citizens
in the United States benefit from
birthright citizenship. And in a six-3
ruling, really 5 to four on the key
point, Justice John Roberts, joined by
the three liberals and Amy Coney
Barrett, they say actually every random
Chinese tourist who has a kid in Saipan,
every illegal immigrant who drops an
anchor baby 10 feet over the border,
every guest worker who has a kid, all
those children are US citizens for life.
It's what the 14th amendment says, they
say. Uh, a big bummer unfortunately, but
>> as we said yesterday, not a change from
what we had before.
>> So, here to help us unpack this is Chad
Miselli, former DOJ chief of staff. Uh,
welcome to the show, Chad. Um, want to
get your legal opinion on this. H how
bad was this ruling uh specifically on
birthright?
It's a monumental ruling and it is to be
frank horrible because they interpret
not a constitutional or not a statutory
text but the constitution of the United
States. So now forever unless there is a
constitutional amendment the 14th
amendment pro allows for individuals to
come from China or to sneak over the
border to give birth on the soil of the
United States and forever become a US
citizen.
>> Yeah. And that key differentiation that
you just made, we were sort of hoping
that they were going to rule on a
statute and it was going to be up to
Congress, maybe we could push something
through reconciliation through, you
know, attach it to the Save America Act,
whatever that there was going to be a
legislation legislative fix to this. But
the way that they wrote this opinion is
basically so overarching that you would
either need to challenge this again in
the courts as I put on X this morning
that you would need to do a Roie Wade
and get this rechallenged at the highest
court or you'd have to pass pass a
constitutional amendment. So, this now
becomes the litmus test, and I see some
senators like Eric Schmidt already uh
posting about this and and commenting on
it, that this now becomes the litmus
test going forward for any justice that
we might have on the Supreme Court that
they must answer this very definitive
question. What constitutes a citizen?
What is birthright? What does the 14th
amendment actually mean? Because this is
such a bastardization of what the
drafters of that amendment actually
believed, right? We have a really
important piece of uh an image here.
It's an official transcript from May
30th, 1866 from Senator Jacob Howard who
introduced the 14th Amendment. He said,
"This of course will not include persons
born in the United States who are
foreigners or aliens." Right? We have it
highlighted there. We know that to the
to the drafters of this at the time,
they wouldn't have even considered this
outcome. They wouldn't have
contemplated, as Justice Alo and
Clarence Thomas have have so rightfully
said, that this level of foreign
invasion, illegal immigration. Chad, am
I misreading this in some way?
No, you're not. I think that the
question that everybody is answering
right now and everybody is grappling
with is what is American citizenship?
What does it actually mean? But I I
actually think there's another question
and a very important question that no
one is yet talking about. Though Justice
Thomas flags this in his opinion, his
descent. It's what is the power of the
government and what is the type of
government that we have? 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. And that
distinction is really important because
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. Justice Thomas points
this out and says we are no longer in a
feudal system, but rather we are a
system that values lineage. We are in a
system that values the doicile. Where
are you choosing to live? It's not
enough to just be passing through the
United States to have given birth here
and now all of a sudden you are a
subject of a king. Rather, if you are
doiciled here, if you are saying to the
United States, I'm going to give you
allegiance and in return I want your
protection, then the United States has
struck a deal with you and said, "Fine,
you can be a citizen." But for everybody
else, it's a no-go. And so I see really
two fundamental problems here. And I
think the ultimate irony on the left is
that while they're out marching around
the country yelling about no kings, no
king protests, they have adopted a
fundamental system of citizenship that
essentially incorporates kingship into
United States government.
>> Chad, it's I know a lot of people
worried about this. I'm looking through
the decision and I see a ton of
citations to Dread Scott v. Sanford.
That is of course the pre-Ivil War
decision. Is it it feels to me like
Justice Roberts who wrote this ruling
it's almost like he just decided I need
to rule that Chinese citizen that
Chinese birth tourists are giving birth
to citizens otherwise I'm Roger Tonnie
and I'm bringing back the I I'm
reenacting his mistake. It's like he's
held hostage by sappy stories he heard
growing up or something. It am I reading
this right? It just feels like a very
almost emotional decision as opposed to
a purely legal one.
>> There does feel to be a lot of emotion.
Even some of the attacks and things that
they waged against Justice Thomas and
his descent, right? They do have a feel
of a lot of emotion here. I think that
there was something very wise in what
Plato uh actually recommended for some
of the philosopher kings. Essentially,
these are people who are going to be off
the grid. They're not going to DC
cocktail parties. They're not hanging
out in the nation's capital. They are
off the grid and their sole job is to
think about what is best for the nation.
That really is in some ways what a
Supreme Court justice ought to be doing.
Not what's best for the nation, but what
does the law say and let me uh implement
that and let me translate that and let
me interpret that in a way that's
completely devoid of political
interference. Unfortunately, we've seen
that that is just not the case from John
Roberts. It seems that time and time and
time again he does take those things
into account and it's really a shame.
>> Yeah. I mean we we have a lot to go over
here uh because I we again to Blake's
point we predicted this but we were
hoping for a limited ruling which the
court has so often recently tried to be
disciplined. They've tried to sort of
narrow and narrowly tailor their rulings
so that Congress can act. And we kind of
were hoping for that. Instead, John
Roberts went full, let's just call it,
he went full here. And in, you
know, ACB, no help. Kavanaaugh saying,
"Hey, if you passed some limitations in
Congress, I would I would basically
change my vote." So, we still are we're
still not at five, you know, even if uh
Congress acts. So, I saw some people
talking about that. Can you believe
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We have reduced Americanism down to
well, have you filled out your
paperwork? And the left doesn't even
believe that. They believe Americans
just the presence of being in the United
States of America. So what is an
American? The best way I can answer it,
it is someone that has demonstrated
through objective measurements and
markers that this is home. That you have
more than respect or reverence. That
you're willing to die. That you are
allin. That this is a place that you're
willing to bleed for and sacrifice for.
This is not a dumping ground for the
third world. This is not a social
experiment. You are you are you you had
a tear in your eye on July 4th. That you
worship God, not Allah. that you have
you have a you have a sense of weight
and responsibility that you care about
your fellow neighbor. An American is
more than just someone that has US
passport. I was actually with Charlie
when he uh said those things um just a
few weeks before we lost him. So that uh
those words are powerful and poignant
and if anybody knew what an American
was, it was Charlie Kirk. Um we're
joined by Chad Miselle, former chief of
staff to the DOJ. So, does this ruling
do what I think it does? Meaning that a
Chinese birth tourist can drop off a
baby in Guam and that that uh baby could
essentially become president someday.
It does. And and it's even worse than
that because if you actually look at how
easy it is for a Chinese national to go
to Guam, to go to northern Mariana
Islands, they don't even need a visa,
Andrew. They can just apply online. Uh
there's a a very simple check and they
can immediately go for 14 days, 15 days.
So if you're a woman, you know you're
about to give birth. You go ahead and
fly there. No one is going to stop you.
You give birth. You now have a US
citizen that you get to carry around the
world with you. Does that US citizen get
to be used by the CCP? Absolutely. Do
they get to be used by the PRC against
the interest of the United States?
Absolutely. Because here's one of the
key elements of citizenship. To whom do
you owe an allegiance? And that is the
fundamental problem. That is what the
14th amendment was really getting at.
Right? Think about DreadScott.
You had black slaves in the United
States who were told they were not
citizens. The 14th Amendment was meant
to correct that. But these are
individuals who had no other homeland.
They owed allegiance to no other
country. Some of these individuals
fought in battles on behalf of the
United States. Right? These are people
who were clearly owed in allegiance to a
single nation that is the United States
of America. And we rewarded them by
giving them the greatest thing that we
could give them as a nation,
citizenship. Now instead of doing that,
we are taking people who have an
allegiance to China, people have an
allegiance to El Salvador, Honduras, any
other country in the nation, and saying
you get this most valuable thing. It's
no wonder that Justice Thomas said the
ruling today from the Supreme Court
devalues all of our citizenship.
>> 100%, Chad. In fact, it's sort of this
whole thing is meant to prevent as as
they'd say, it's to prevent like a cast
system. It's to prevent a hierarchy of
citizens and non-citizens. And yet this
ruling almost gets it backwards where it
feels like America is headed towards the
point where we're going to have a
hierarchy of people who are merely only
citizens of the United States and then
people who have their backup, their
fallback, their alternative citizenship
because they're actually Chinese.
They're actually from some other foreign
country. They have another place they
can check out to. Whereas we're kind of
stuck. We're stuck on the American ship
of state ourselves. I'm ride or die for
America and nothing else.
That's 100% right. Which is why I think
Congress needs to act. I think the Trump
administration needs to act. What we
cannot do is pass a law to change this
ruling. Unfortunately, because they made
it as a constitutional ruling, the only
way to overrule that is a constitutional
amendment or Andrew, as you suggest, we
just need another Supreme Court opinion
to overturn this one. However, I do
think that there are things they can do.
One, we have to impose more strict visa
laws. If you are pregnant, if you are
eight months, nine months pregnant, you
should not be coming to the United
States because we now know that that
child born to you could be a US citizen.
I think we should get rid of dual
citizenship. We need to reinforce the
idea that you can only have an
allegiance to a single country, a single
nation. What is the one nation, as
Charlie said, that you would die for? On
the 4th of July, are you reading the
Declaration of Independence getting
choked up about what our nation went
through to even be here? And if the
answer is no, because you are actually a
citizen of another nation, you have
another passport in your hand, I think
we really need to reexamine that. And
frankly, I would be in favor of ending
that practice in the United States.
>> I I completely agree. And I want to
reiterate something that you were
talking about earlier, Chad, where you
you mentioned allegiance. This is why
Congress had to pass the Indian
Citizenship Act in 1924. They were they
were not included. Indians, Native
Americans were not included in the
original 14th amendment citizenship uh
because they were considered to have
allegiance to tribal nations. Okay? So
they Congress cleared that up. Calvin
Kulage signed it into law in 1924
because they were considered to not be
alleged of America. Now you if you're
from Guatemala and you drop a baby off
over here, your your allegiance is to
Guatemala. Same with the CCP. But this
is a problem we've known about for a
long time, Chad. And this is what's so
frustrating about it. We have a clip. I
think it's from uh 2013. CBS was doing
this. Uh let me see here. U CBS 2013. I
had it and now I lost it. What is that
clip, guys?
Uh 38. Go ahead and play it. Her name is
Aydah Lynn. She's 4 months old and the
only American citizen in her family. Her
parents, who agreed to speak with us if
we didn't show their faces, traveled
from China to Los Angeles. so Ada could
be born in America and claim US
citizenship.
>> I want her to live a happy life. Her
father says the family is back in China
now. They're among thousands of Chinese
who become so-called birth tourists,
staying in maternity hotels near Los
Angeles. These hotels are often single
family homes in quiet neighborhoods.
It's so so we've known about this
problem for a long time and yet now
these people are going to be able to
become president of the United States.
>> Shocking stuff.
>> It's it's insane. It's absolutely
insane. And the other thing you did you
you mentioned which I I think actually
raises another point is Indians not
taxed, right? Who up until 1924 were not
considered citizens even though if they
were born in the jurisdiction of the
United States. And the reason is because
we the United States respected their
sovereignty as an independent nation
that existed within our borders. So one
of the things if I'm actually a France,
if I'm another European country, for
example, I'm also pissed off about
today's ruling because that means a
French national who happens to give
birth in the United States. Now you, the
United States, are claiming that child
is your citizen as opposed to a French
citizen. So, this goes a lot of ways
again that the Supreme Court, I think,
really didn't think through everything
that they were were doing and frankly
all of the implications by today's
ruling.
>> Well, Alo Gorsuch and um uh Clarence
Thomas got it right. The other justices
got it wrong. Kavanaaugh gets like a C
because he's sort of he's with the 63
majority nuking the EO, but he he um he
his rationale is a little bit better.
Chad, thank you so much for joining. Uh
this is a a terrible ruling. There's no
way around it. And this went as bad as
it could have gone.