Overview

• The book "Original Sin" by Jake Tapper and Alex Thompson alleges serious concerns about President Biden's cognitive state among cabinet members, though Smirkconish remains skeptical about the practical impact these alleged limitations had on Biden's presidential duties.

• A Supreme Court case on nationwide injunctions has implications for the birthright citizenship debate, with the Trump administration previously attempting to end automatic citizenship for children born to non-citizens through executive order.

• The constitutional argument centers on interpreting the 14th Amendment's "subject to the jurisdiction" clause, with most legal scholars maintaining that the amendment has established birthright citizenship for nearly 160 years through clear precedent.

• While the United States and Canada are among only about 30 countries worldwide that grant unconditional birthright citizenship, Smirkconish argues that ending this practice would require a constitutional amendment rather than an executive order.

Content

Discussion of Biden's Cognitive State and New Book Revelations

* Michael Smirkconish is discussing a new book by Jake Tapper and Alex Thompson called "Original Sin" which contains revelations about President Biden's perceived cognitive state. * The book alleges that: * Some cabinet members reportedly lacked confidence in Biden's ability to respond to a crisis in the middle of the night * Cabinet secretaries were allegedly kept away from the president as concerns about his health increased * A cabinet secretary reportedly found Biden "disoriented and out of it" during meetings * The book includes an anecdote about Biden not recognizing George Clooney at a fundraiser * Smirkconish expresses skepticism about the significance of these claims, noting: * Key cabinet members like Anthony Blinken and Lloyd Austin still had substantial interaction with Biden * He is seeking concrete evidence of how Biden's alleged diminished state negatively impacted his presidential duties * The book has already received coverage in major publications and is set to be released on Tuesday * Smirkconish has previously stated he doesn't believe Biden should run for re-election

Poll Results and Current Poll Question

* Previous day's poll (32,780 votes) asked about efforts to shield Biden from scrutiny * 53.04% believed Biden's aides were rationalizing rather than deliberately scheming * Smirkconish acknowledged the poll question was poorly worded * Current poll question asks about automatic citizenship for children born to parents in the country illegally or temporarily

Supreme Court Case on Nationwide Injunctions and Birthright Citizenship

* The Supreme Court is hearing a case about nationwide injunctions with birthright citizenship as a contextual backdrop * The case involves: * Trump's attempt to end birthright citizenship via executive order * District court judges blocking the order * The administration arguing that 700 district judges cannot set national policy * Potential limitations on federal judges blocking presidential policies

Legal and Constitutional Context of Birthright Citizenship

* The legal dispute centers on interpreting the 14th Amendment's "subject to the jurisdiction" clause * The amendment states persons born/naturalized in the U.S. are citizens * Trump administration argues "subject to jurisdiction" means allegiance to the U.S. * Constitutional scholars counter that being subject to U.S. laws implies jurisdiction * John Eastman, a California law professor associated with the Claremont Institute, is credited with popularizing the anti-birthright citizenship theory * Even John Yoo, a conservative legal scholar, considers ending birthright citizenship "a wacky idea" * The 14th Amendment has established birthright citizenship for nearly 160 years * A 1898 Supreme Court case (United States v. Wong Kim Ark) previously settled this issue

Smirkconish's Perspective on Birthright Citizenship

* Believes the Trump administration's argument is constitutionally weak * Opposes ending birthright citizenship via executive order * Suggests a constitutional amendment would be a more legitimate approach to changing birthright citizenship

Global Context of Birthright Citizenship

* Only about 30 countries grant automatic citizenship based on birthplace (jus soli) * Most developed countries use "right of blood" (jus sanguinis) principle * Only the U.S. and Canada among developed nations offer unconditional birthright citizenship * Countries with unconditional birthright citizenship are primarily in the Americas (Mexico, Brazil, Argentina, and several Caribbean states)

Public Opinion on Birthright Citizenship

* An Emerson College poll suggests more Americans support Trump's position * Proponents argue birthright citizenship is a cornerstone of American identity * Advocates view it as embodying equality, regardless of parentage