“From Constitution To Culture” Why Birthright Citizenship Matters

From the Constitution to the culture, birthright citizenship sits at the crossroads of identity, opportunity, and what it means to be American. 

In this episode, I break down the history, the law, and the real-world impact of the 14th Amendment—exploring why this issue continues to shape communities, conversations, and the future of the nation. 

Tap in as I connect policy to people and the Constitution to culture.

Transcript

SPEAKER_01 0:25

Kunta, don't run away.

SPEAKER_04 0:27

Not too much, Gina. And I don't see many oysters in your basket. Kunta, don't bother with that girl. Soon an older warrior will take up a bike. Gina is getting married one of the corals. He agreed to bring her into the family. Then she can bother the corals instead of you. How does the boom make it official?

SPEAKER_00 1:49

Well, we jump it together. Just like in Africa.

SPEAKER_04 1:53

No people in Africa jump booms. You don't know where the people in Africa. Every negro on every plantation says they jump in the broom when you get married. Come from the whole way. All the way from Europe must be. Must down from master to slave. They're making fun of us. Don't let us marry under them, Lord. To remind us we belong to them. Not each other. Well, how do you jump over this boom? Swatch you're the hair with it.

SPEAKER_00 2:19

Hey, welcome back to another episode of The Hood Politic. I am The Hood Politic, and as I always say, your girl goes by the name Desiree to my family and friends. And if you are listening to this now, watching this now, please know that you are part of the family, your family. Um, family, I want to begin referencing before I start this final episode of season one. Um, that please forgive me if I'm not myself all the way um today. Uh if you follow the social media, um if you're connected or if you just happen to see the YouTube, you will know that um I am grieving the loss of my dear Mama Jean, my paternal grandmother. Um as you guys have, you know, if you're familiar with the season, you hear me reference my grandmothers a lot, um, both my maternal and my paternal grandmother. They are both in the ancestral realm of the spirit now, so they are not here in this physical realm, and um I am saddened. Uh so I hope that you all can bear with me through this episode. I'm gonna try to be my usual funny, loving, bubbly self. Um, but without further ado, you know, we're gonna get into it. I miss you guys. I hope you guys missed me. Uh, and I am ready to get back into the swing of things, but um, please forgive me. Uh episode eight was delayed, um, not due to any technical issues or anything like that. Guys, I'll just be honest with you. It was just due to life. Um, grief is hard, grief is difficult, and I am currently still processing the loss of my grandmother. So I thank you all for bearing with me uh throughout this transition, throughout this transformation that I'm currently in, and throughout this process that I'm overtaking. But um, let's get into this episode, guys. So um the clip to open the show, guys, um, if you're watching, you know, the visual podcast or if you're listening to the audio, um, the clip to open the show is a mashup of scenes from the 2016 remake of Roots. Um, if you're not familiar, Roots is the fictional novel by um author Alex Haley. So the movie Roots, it chronicles the genealogy of an African-American family uh through their African ancestor uh by the name of Kunta Kente. Um the scene to begin the clip is of Kunte in his home of the Kambi Belango. And um in this clip, Kunta has eyes for a young female uh of his same tribe and uh village by the name of Gina. And um when she's selected by a rival, uh tribe member, Kunta lashes out in anger. So the fight that ensues between Kunta and this rival of another tribe, the Kona tribe, it basically serves as the basis for Kunta Kente's capture and uh eventual sale into slavery, um shadow slavery in America. Now, Roots chronicles his journey, Kunta Kente's journey, and the continuation of his lineage here in the United States of America. Now, I want you to note that as I mentioned previously, family, Roots is a fictional novel. Um, yes, if you didn't know, it's actually a fictional novel. It's not true, it's not a true story. But this fictional novel, um, it stirred serious conversations within black households, African American households. Um, Roots introduced genealogy to African Americans. Uh not all, but a good amount of uh black African-American families here in the States. Roots introduced genealogy to them. Now, the mashup of scenes that follow the opening clip is scenes that display slave traditions here in the Americas, traditions that you would see in South Carolina, traditions that you would see in North Carolina, traditions you would see on out to the deep south of Georgia, Florida, Alabama, and Mississippi. Um, as you know, or if you don't know, a lot of ancestors practice certain um traditions of their forefathers from Africa that they br that they believed, you know, were derived from the old way, the old African way. Um in the scene, one of the scenes that you heard, um, if you're listening to, you know, the audio of this, or you saw if you're watching the visual um podcast of this, um, Kunta clashes with one idea in particular. And the idea is jumping the broom. Um, I'm pretty sure if you're black, you're familiar with jumping the broom. I was part of a wedding ceremony. Um, I can remember watching this scene when I first watched the 2016 remake of Roots and just being amazed at the clash that happened. Um, it was a people so stripped of their lineages and authentic identities that they eventually meshed beliefs of the love that they can see in their present reality with the hope of just faintly remembering and preserving their past lineages and legacies. Now, families like the one depicted in Roots, you know, they redefined what it meant to be an American. Now, throughout the span of time, you know, the movie has is brought about a lot of discussion, you know. And one of the discussions that has been sparked again as of late or recently is what we're gonna talk about in in this episode. That's gonna be birthright citizenship. Now, let's talk the root of birthright citizenship. Um, you guys know here at the Hood Politics, we're all about the facts. So uh we're gonna give you some facts about it. Now, in the early days of the United States, um, citizenship was kind of a murky concept. Um, and yes, if you did not know, it was tied to racial exclusion. So in the pre-Civil War era, citizenship was largely reserved for free white persons. Um this was solidified by the um infamous Supreme Court case in 1857, which was Dred Scott versus Sanford. Now, in Dred Scott versus Sanford, the Supreme Court ruled that African Americans, whether enslaved or free, could never be citizens. So the turning point that occurred after this legislation was with the um passing of the Civil Rights Act of 1866. So this was counteractive to the black codes in the South. Um don't have time to give a full history lesson right now, but please, if you're unfamiliar, please research the black codes of the South. But to ensure, you know, the the rights given to African Americans couldn't be overturned by future administrations, the principle was enshrined in the 14th Admitment. So the 14th admitment to the Constitution, it plainly states that all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and the states wherein they reside. So the 14th admitment, it wasn't just a win for the formerly enslaved and their descendants. The 14th admitment, it created a universal legal shield that would eventually protect every other minority group here in America. Now, before we go any further into this family, I want you all to check out this very informative clip here that I love. All right, here, check it out.

SPEAKER_01 10:33

I'm not the type of person that's gonna have your back all day long, but when it comes time to hold your feet to the fire, I'm gonna hold your feet to the fire. And the time has come. So gather around, listen up, let me learn you something. Birthright citizenship, it had to be started because of black people. Birthright citizenship is tied to slavery. Before the Civil War, black people enslaved or free weren't considered people. They weren't considered citizens. This is Dred Scott. Dred Scott fought for our right to exist as people in this country. Dred Scott and his wife Harriet sued for their freedom. He was a slave, bought and sold like a piece of property. In 1857, the Supreme Court made sure we knew what we stood, saying that no black person, free or enslaved, could ever be a U.S. citizen. But after the Civil War, Congress passed the 14th Amendment in 1868 to explicitly overturn Dred Scott and make sure that anybody that's born on U.S. soil is automatically a U.S. citizen. This was about making sure that formerly enslaved black Americans could never have their citizenship stripped from them again. And yet here we are, watching people try to undo all of that work. We know they put a block on it. How long is that gonna last? They say it's about immigration. Let's be real, if they can strip it from one group, who's next? Birthright citizenship is a correction, a promise that no one born here could be denied their place. And if we let them rewrite that, we're erasing the very foundation of freedom in this country.

SPEAKER_00 11:59

It's that simple, family. African American activists and legislators, they fought to tie citizenship to birth rather than ancestry or race. And they did this because this would break the white-only definition of American identity. Now, our ancestors, one thing about them is they always saw the big picture. Now, you may not agree with every single method taken by the ancestors, but the foresight to know that a day will come when the powers that be would try to align themselves to attempt to rid the country of the very fabric of his being, being the people. So let's dispel this myth that birthright citizenship isn't about race. Now, the work would continue with black legislators and it would provide ammunition for some of the most important cases in American history. Cases like, if you're unfamiliar, the United States versus Wong Kim Ark. Now, this case was ruled in the favor of an Asian American being denied citizenship simply off the basis of the 14th Amendment. Simply by citing the 14th Amendment, this case was won. To put it plainly, the heavy lifting was done by our African American ancestors. The framework that they created would be one that automatically, automatically sheltered every single minority group that arrived after them. Now, what does this look like in 2026? Okay, that's the question, right? So as of early 2026, our current presidential administration's stance on birthright citizenship is centered around something called Executive Order 14160. And this executive order plainly states that it is for protecting the meaning and value of American citizenship. Now, Executive Order 14160 was signed on President Trump's first day in office in January 2025. The primary goal is to end automatic birthright citizenship for children born in the United States to parents who are either unlawfully present here in the United States or in the country on temporary visas. Now, of course the order was blocked in lower courts, but as you saw, the ruling was brought up again definitively in the Supreme Court. Now, it being blocked in lower courts, it you know, it was no sigh of relief, family. At least it should not have been. Because if you are unaware, this remains the administration's stated agenda, one of their top priorities. Now, it's been a ton of claims and of facts, you know, presented concerning birthright citizenship. But before I discuss those, I have another clip I like for you guys to check out right here. Check this out.

SPEAKER_02 15:32

This administration believes that birthright citizenship is unconstitutional.

SPEAKER_03 15:38

Why, pray tell, would the president believe that the 14th Amendment to the Constitution is unconstitutional?

SPEAKER_02 15:49

Uh illegal immigrants who come to this country and have a child are not subject to the laws of this jurisdiction.

SPEAKER_03 15:56

Oh, you don't understand words written on a page. Okay. Let me see if I can help. My name is Hank. I'm a trial attorney in Pennsylvania. So the 14th Amendment to our Constitution, the very first sentence reads: All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and the state in which they reside. So what does that mean? It means if you are born here and subject to our jurisdiction, you are automatically a citizen when you come out of your mom's belly. Okay. So the administration is trying to take the stance that an illegal immigrant is not subject to our jurisdiction because they came here illegally and should not be here. However, subject to our jurisdiction means something very, very limited and specific. It applies to foreign diplomats and their families. So when someone is appointed in their own country to be ambassador to the United States and they come here with their families to do the work of their foreign government, they have something called diplomatic immunity, which means that they are not subject to our jurisdiction or our laws, which means they could go out, commit a crime, and not be arrested, charged, or punished for that violation because they are immune. Therefore, they are not subject to our jurisdiction. However, an illegal immigrant, even though they came here illegally, if they walk out into the middle of the street and pew pew somebody in the head, are they arrested for murder? Yes. Are they charged? Yes. Are they tried in our courts and if found guilty are punished? Yes, they are. Which means they are subject to our jurisdiction, even if they came here illegally. Which means then that their children who are born here are also subject to our jurisdiction, which, according to the Fourteenth Amendment, makes them citizens. And the only way that that can be changed is if the President proposes and passes another amendment to the Constitution, not an executive order, not a regular statute, an amendment to the Constitution. Good luck with that. Hope this helps.

SPEAKER_00 18:43

That's the breakdown, fam. That breaks it down, short and simple. Now, again, I talked about dispelling some of the myths. So let's dig into this and let's dispel some some of these myths. Now, the first claim is that there is a jurisdiction loophole. So the argument has been that the phrase and subject to the jurisdiction thereof only applies to people with a permanent legal status. Now, the claim is that undocumented immigrants or temporary visitors are not under full US jurisdiction because they owe allegiance to another country. Say it with me. Bullshit. The fact is this, family, legally, legally now, and I'm talking about your opinion, legally, legally, subject to the jurisdiction, has almost always meant being subject to U.S. laws. Now, since 1898, the Supreme Court ruling in the United States versus Wong Kim Park, the court held that anyone physically present within the U.S. on U.S. soil, except for those that are foreign diplomats or invading armies, they are all subject to U.S. jurisdiction. Meaning that the government can tax, arrest, and try them in court, which makes them what? Subject to the jurisdiction thereof. This applies to everyone in the country, regardless of status. Now, another widely used claim when it comes to birthright citizenship is it's a magnet for illegal immigration. Now, administration officials often state that birthright citizenship is the primary magnet or incentive for people to cross the border illegally. Say it with me again, family. Bullshit. The fact is this most migration experts and historical data through research suggests that the three primary drivers of migration are economic opportunity to being one, a chance for a better life. Second, safety from violence, fleeing violent countries. Thirdly, family reunification. Now, furthermore, let's just break it down here. A child born in the States cannot sponsor a parent for a green car until that child is the age of 21. That's an extremely long and uncertain strategy. You have to wait until a child is twenty one years old, just before a child can sponsor you for a green card. That's twenty one years here, legally. Now, opposing forces would like for you to believe that undocumented people are destroying your country. I mean, if you pay attention to mainstream media, I'm pretty sure you've heard them go on and on and on and on. But family, the reality is this undocumented people are not destroying our country. I mean, we can we can just kind of look at it plainly and say, I think Americans, we do a pretty good job of destroying our own damn country ourselves. But they're doing the exact opposite. They are enriching it. Just think of the culture. Think of the food. Think of the technology and the innovation. All of it that's been brought to our country through immigration. Like, there is one final thing, family, that I really want you all to remember. And that is this the president dwells within the executive branch of our government. Okay. The president does not have the authority to redefine who is a citizen or what a citizen is. Okay. Citizenship is enshrined within our United States Constitution. It sits above any executive order or any act of Congress. Our constitutional rights can't be altered. They cannot be altered by the president's signature. Doing so requires a constitutional admitment passed that has to be agreed on by two-thirds of Congress and three-fourths of the states. It's not an easy fix. It's not something that you can snap your fingers and change. So in closing, I want to prompt you all with a question. What defines an American to you? What defines an American? Like I said, I always ask you guys for engagement. I always ask for you guys to follow. But no, I really want you all to in the comments, if you're watching this, whether it be TikTok, Facebook, YouTube, whatever the case may be, what defines an American to you? Is it based off someone's look? Is it based off their assent? Is it based off where they're from What defines an American to you? Honestly. I served in the United States military. The armed forces, the army, to be exact. I served with people from all different ethnic backgrounds, people with different ancestry, people from different lineages, people who spoke different languages, people who didn't even speak English. You know what we all had in common? We all were there because we believed in something greater than ourselves. Yes, the reasonings for us enlisting could have been different. It could have been education, it could have been a better life for our family, it could have been A, skills to help me acquire the career that I want. Regardless of whatever we were enlisting for, we were all there because we believed in something greater. And when we deployed, it didn't matter what any of us looked like. It didn't matter where any of us were from. It didn't matter if they joined undocumented or not, or if they were simply joining because they wanted to become none of that mattered. When we deploy, we live, we breathe, and we fight for each other. For you. What? Then I want you to ask yourself, where is that definition derived from? Where? Is it based off of belief? Is it based off of something you know you were taught? Is it based off of your opinion? Where's that definition derived from? But guys, I thank each and every one of you. I appreciate each and every one of you for taking the time out to listen to me. I hope you all have enjoyed season one of The Hood Politik as much as I have enjoyed doing these episodes. Um don't worry. I will most definitely be back for season two. Hey, what they say, can't stop, won't stop. You know, regardless of life, regardless of loss, regardless of the things we endure, um, I feel called to do what I'm doing. I'm passionate about what it is I'm doing. And I really, really, really hope you all, if anything, not just entertainment, I hope you guys have actually learned something. I hope throughout season one, there has been at least one episode, if not all episodes, two, three episodes. I hope there's been something within one of these episodes that really stopped to pause and make you think. I hope it causes you to look around the world and identify that diversity is divine and identify that we're all different. There's all one source. And if we all came from God, every single one of us, I don't look like you, you don't look like me, and if you look around, you probably don't look too much like the other people that you see. So if we're all different and we're all unique, how could God be just one person? How could God look like one person? Understand that source. Source is within all of us. And if source dwells within all of us, hey, at some point in time we gotta realize we all in this together, right? Okay, guys, as I always do, I have to, have to, have to shout out the content creators in this episode. Always, always, always. So the content used in this episode, guys, they come from the following TikTok users. I want you guys to check them out, give them a follow, give them a shout-out. Tell them you saw them on the hood politic. Appreciate it. But the first one is at Haven H A V E N 808032. The next one is at Ray R A Y Shard S-H-A-R-D. Then it's a period small. At Ray Shard Small. The next one is at Holly H O L L Y Hood, H O O D Williams. All one word. At Holly, Hood Williams. The next one is at Afro American. American is spelled A-M-E-R-C-A-N pride. So at Afro American Pride, all one word. Then we have at Ashley A-S-H-L-E-Y D T H E E Baroness. B-A-R-R-O-N-E-S-S. Please check her out. She be dropping gems daily. And then we have finally at Hank H A-N-K-J dot Clark. C-L-A-R-K-E. All of the users are from TikTok, guys. Give them a shout. Great, great. As I always say, thank you guys so much for the content. Great, great content. I want you guys to please remember to stream us everywhere where you can listen to podcasts, everywhere you can find the podcast, whether it be Apple, Spotify, Amazon, YouTube, like wherever you guys choose to stream and listen. Please check us out. Again, check out the visual recording of the podcast on YouTube. Follow us on social media, TikTok, Facebook, Instagram, threads, all that good stuff. Guys, again, I really, really, really had so much fun doing this. I know this wraps up season one. Like I said, I will be in touch with season two. I promise you. I hope you guys have enjoyed listening. Please remember to continue to engage. Tell a friend to tell a friend to tell a friend. Check us out. Also rate us, rate us, please rate us. Apple Podcasts, Spotify, YouTube. If you enjoy it, if you like listening to me rant and ramble, please, please, please rate us. But hey, again, guys, I like to end this with a call to action, just as I did the last episode. Um, I guess if I had a call to action, it's simple, guys. To anyone who listened to this, listen to me at any point in this season, my call to action is to keep dreaming. Keep dreaming, keep growing, keep learning, keep loving, and keep informing. It's that simple. Um, engaging with the spirit of people spark ideas that led to the falling of empires. That's who we are. So I want you to understand that no conversation, no person you meet, it is not coincidental. Everything is divine timing, everything is divinely orchestrated and divinely led. Uh so again, guys, as my spiritual mentor says, it's not about us, it's all about the expansion of consciousness. Okay. So when we stand together, we cannot be moved, regardless of what we look like. So always remember, you are simply meant to rule your reality. You are not in comparison with anyone. As I always say, I'm wishing you all divine love and peace. And remember, culture moves people, but politics, they decide the outcomes. Until next time.