Podcast  

Terms of Engagement – American Birthright: The Constitution, Citizenship, and Immigration

Penn University Professor Emeritus Rogers Smith joins Terms of Engagement hosts Archon Fung and Stephen Richer to discusses birthright citizenship, an American institution enshrined in the Constitution but increasingly under scrutiny from President Trump and his allies.

The American institution of birthright citizenship, which stems from English law and was codified in the 14th Amendment to the Constitution, generally grants automatic citizenship to those born on U.S. soil. But in one of the first acts of his second term, President Donald Trump tried to end birthright citizenship for children undocumented immigrants and temporary workers—only to have his executive order blocked by the courts.

Penn University Professor Emeritus Rogers Smith has said presidents cannot alter American citizenship rules by methods like Trump’s executive order, which is currently under U.S. Supreme Court review. While acknowledging that courts could revisit how the policy applies to children of undocumented families, Smith contends the legal debate misses a broader point: the essential role inclusive immigration policies have played in shaping the United States.

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About our Guest

Rogers M. Smith is the Christopher H. Browne Distinguished Emeritus Professor of Political Science at the University of Pennsylvania and was previously the Alfred Cowles Professor of Government at Yale University. He is the author or co-author nine books, including “Civic Ideals: Conflicting Visions of Citizenship in U.S. History,” which was named a finalist for the Pulitzer Prize in History. He was President of the American Political Science Association in 2018-2019. He earned his bachelor’s in political science from Michigan State University and his master’s and Ph.D. in government from Harvard.

About the Hosts

Archon Fung is the Winthrop Laflin McCormack Professor of Citizenship and Self-Government at the Harvard Kennedy School and the Director of the Ash Center for Democratic Governance and Innovation. His research explores policies, practices, and institutional designs that deepen the quality of democratic governance with a focus on public participation, deliberation, and transparency. He has authored five books, four edited collections, and over fifty articles appearing in professional journals. He received two S.B.s — in philosophy and physics — and his Ph.D. in political science from MIT.

Stephen Richer is the former elected Maricopa County Recorder, responsible for voter registration, early voting administration, and public recordings in Maricopa County, Arizona, the fourth largest county in the United States. Prior to being an elected official, Stephen worked at several public policy think tanks and as a business transactions attorney.  Stephen received his J.D. and M.A. from The University of Chicago and his B.A. from Tulane University.

Stephen has been broadly recognized for his work in elections and American Democracy.  In 2021, the Arizona Republic named Stephen “Arizonan of the Year.”  In 2022, the Maricopa Bar Association awarded Stephen “Public Law Attorney of the Year.”  In 2023, Stephen won “Leader of the Year” from the Arizona Capitol Times.  And in 2024, Time Magazine named Stephen a “Defender of Democracy.”

The views expressed on this show are those of the hosts alone and do not necessarily represent the positions of the Ash Center or its affiliates.

Episode Transcript

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