Know What's Happening in Legal

The “Slave-Power Thesis” Come Back to Life: Legal Scholar with Analysis and Bold Prediction on the Birthright Citizenship Case

In this episode, Northwestern Law professor Paul Gowder draws a stark parallel between the 1850 Fugitive Slave Act and today’s mass deportation practices, arguing that both create a class of people treated as foreign and denied legal rights. He explains how the Fugitive Slave Act bribed commissioners and barred defendants from testifying, and likens modern ICE actions—such as the Alien Enemies Act deportations and airport ICE sweeps—to that same denial of due process. Gowder situates these patterns within a broader historical “slave‑power” thesis, showing how institutions built for oppression abroad are imported back onto U.S. soil, influencing current battles over birthright citizenship, voting rights, and the Save America Act. His analysis blends constitutional history, civil‑rights law, and a bold prediction that the Supreme Court’s upcoming birthright citizenship case could reshape the nation’s understanding of citizenship and belonging.