At Jeffrey Rosen’s The Blessings of Liberty: Birthright Citizenship and Presidential Removal: A Historical Deep Dive. From the show description:
In this episode of The Blessings of Liberty, leading originalism and executive power scholars Jed Shugerman and Ilan Wurman break down the historical arguments underlying two of the Court’s most consequential cases this term: Trump v. Barbara (the birthright citizenship case) and Trump v. Slaughter (the presidential removal power case). Jeffrey Rosen, senior fellow at FIRE and CEO Emeritus of the National Constitution Center, moderates.
Participants
Jed Shugerman is a Professor, Joseph Lipsitt Scholar, and Henry Elwood Warren Scholar at Boston University School of Law. The author of several law review articles about the original public meaning of Article II, he is currently working on two books on the history of executive power and prosecution in America.
Illan Wurman is the Julius E. Davis Professor of Law at the University of Minnesota, where he teaches administrative law and constitutional law. He hosts the podcast rationally BASED, and his new book is The Constitution of 1789: An Introduction.
Jeffrey Rosen is a senior fellow at the Foundation for Individual Rights and Expression (FIRE) and CEO Emeritus of the National Constitution Center. He is also a professor of law at the George Washington University Law School and a contributing writer of The Atlantic.
My view is that both Professors are half right (and the Supreme Court was right on both cases). But for me, both cases are (or should be) more about the Constitution’s text and somewhat less about the history.
Posted at 6:07 AM