Born to the Nation, Subject to the State: The 1884 Ghost in the Room

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KBOO
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Air date: 
Thu, 04/02/2026 - 8:00am to 9:00am

Yesterday, the Supreme Court heard opening arguments on the future of American birthright citizenship. While the mainstream media frames the 14th Amendment as a universal "Birthright," host Jacqueline Keeler dives into the complex—and often exclusionary—legal history of Indigenous political status.

We revisit the landmark 1884 case of Elk v. Wilkins, where the Supreme Court ruled that an Indigenous man born on U.S. soil was not a citizen because his primary allegiance belonged to a Sovereign Nation. Why does this 150-year-old ruling haunt the current SCOTUS bench?

 

Featured Analysis: The Nativist Attempt

In today’s episode, Jacqueline explores the themes from her latest investigative piece: 1884 is Calling: The Nativist Attempt to Overturn the 14th Amendment.

We examine the dangerous intersection of modern nativism and Tribal sovereignty. If "birth on the soil" or "self-identification" is used to override a Sovereign Tribe’s right to verify its own citizenship, we are witnessing a new form of legal termination.

 

Tune in for a discussion on how the 19th-century courtroom is connected to the 21st-century fight for equality and birthright citizenship. 

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