Bouie: The Birthright Con

Appears from today’s hearings that SCOTUS is inclined to agree with Bouie’s assessment:

…It is not so much that revisionism is on its face outrageous, but that any alternative reading of the citizenship clause must strike at the heart of the rejection of Dred Scott. On this count, Trump and his defenders fail. Their vision of citizenship — which would plunge countless children into statelessness as a permanently subordinate class — would bring Dred Scott back from the dead. And it would do this in support of a political agenda that seeks nothing less than the reconstruction of race hierarchy and the rank domination of despised minorities.

The evidence in favor of the traditional view of the citizenship clause is overwhelming. To rule otherwise is to say, in essence, that two plus two equals five. Which is to say that if the Supreme Court decides in favor of Trump, it will have less to do with law or history than the political power of the president and his movement.

Trump v. Barbara, then, is a stark reminder that the struggle over constitutional meaning involves the entire nation. The revisionist case rests less on new evidence than it does on Trump’s claim to embody the nation and its desires. If he is ascendant, then the people must want a closed, cloistered society.

Source: The Birthright Con