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Huckabee Opposes Changing 14th Amendment, Setting Himself Apart From GOP Again

First Posted: 08/12/2010 10:41 am Updated: 05/25/2011 6:20 pm

Mike Huckabee

Distinguishing himself once more from his GOP rivals when it comes to immigration policy, former Arkansas Gov. Mike Huckabee said on Wednesday that he didn't back efforts to rethink and perhaps repeal the part of the 14th Amendment that guarantees birthright citizenship.

Speaking to NPR, the 2008 presidential candidate and current Fox News personality noted that the Supreme Court had decided "in three different centuries" that birth in the United States assured one U.S. citizenship. The discussion, in essence, was moot. Asked specifically whether he would favor repealing parts of the 14th Amendment, Huckabee replied: "I don't think that's even possible."

"Would you favor it?" pressed NPR's host Tom Ashbrook.

"No," said Huckabee. "Let me tell you what I would favor. I would favor having controlled borders... but that's where the federal government has miserably and hopelessly failed us."

In coming out against efforts -- however nascent -- to repeal birthright citizenship, Huckabee almost immediately cast himself into a minority crowd within GOP circles. While former Bush hands have been vocal in their horror at the Republican Party's insistence in tackling this issue, a wide swath of prominent Senators and Senate candidates have jumped on board the bandwagon with both feet.

Huckabee has found himself on the outskirts of the party tent with respect to immigration policy before. During the presidential campaign, he was attacked relenetlessly by his rivals for implementing a policy while governor that allowed children of illegal immigrants to pay in-state tuition.

"I was dealing with the failure of the federal government at a state level, just like a lot of citizens have dealt with it individually, and my feeling was, and I still believe this, that you don't punish a child for the crimes a parent commits," he said at the time. "And that's my position; it hasn't changed."

Far from hurting his candidacy, the position ended up being a relatively boon. The evangelical crowd appreciated Huckabee's sympathetic voice. The governor, meanwhile, set himself apart from his rivals on a hot-button issue. Whether out of conviction or political expediency, the Arkansas Republican didn't back away from his position when he sat down with NPR on Wednesday.

"When a kid comes to his country, and he's four years old and he had no choice in it -- his parents came illegally. He still, because he is in this state, it's the state's responsibility - in fact, it is the state's legal mandate - to make sure that child is in school. So let's say that kid goes to school. That kid is in our school from kindergarten through the 12th grade. He graduates as valedictorian because he's a smart kid and he works his rear end off and he becomes the valedictorian of the school. The question is: Is he better off going to college and becoming a neurosurgeon or a banker or whatever he might become, and becoming a taxpayer, and in the process having to apply for and achieve citizenship, or should we make him pick tomatoes? I think it's better if he goes to college and becomes a citizen."

(Hat tip: GOP12)

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Distinguishing himself once more from his GOP rivals when it comes to immigration policy, former Arkansas Gov. Mike Huckabee said on Wednesday that he didn't back efforts to rethink and perhaps repeal...
Distinguishing himself once more from his GOP rivals when it comes to immigration policy, former Arkansas Gov. Mike Huckabee said on Wednesday that he didn't back efforts to rethink and perhaps repeal...
 
 
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HUFFPOST SUPER USER
Fred303
Let's Be Friends ^_^
01:22 PM on 08/17/2010
Good for him. These few semi-reasonable Republicans need to be cherished while they are still around.
05:51 PM on 08/14/2010
The14th amendment did not confer birthright citizenship to the children of illegals.
"The purpose of the 14th amendment was to guarantee citizenship to newly freed slaves.The man who drafted the 14th's citizenship clause ,senator Howard of Michigan, stated that the 14th "will not ofcourse include persons born in the U.S. who are foreigners , aliens who belong to the families of ambassadors or foreign ministers" In U.S. v Wong Kim Ark,1898, the Sup Ct held that children born to LEGAL PERMANANT residents of the U.S. who were gainfully employed and not employed by a foerign govt would be deemed citizens . There is no indication that the framers of the constitution or the enacters of the 14th intended the result in Wong Kim Ark , and in any case the Wong holding was not that the children of illegals are citizens.
In a small footnote in Plyler justice Brennan overstepped and decided (based on nothing) that that there was no distinction between aliens who enter the U.S. lawfully and those who enter unlawfully . I guess that Brennan thought there is no distinction between following and breaking the law.
The intent of those who wrote the 14th was not to confer citizenship to the children of illegals and the history of the U.S. shows that there was no intent to confer citizenship to children of illegals. Should one tiny ambiguous footnote overturn the will of the authors of the 14th and the will of the American people?
12:16 PM on 08/15/2010
intention doesn't matter, language does...here is the text: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." That first sentence is really crystal clear unless you want to talk about how you define words like "all," "persons,"" born," "in," and/or "United States." Its so clear cut that this is why you see the argument is about changing part of it not re-interpreting part of it.
HUFFPOST SUPER USER
Gators67
12:45 PM on 08/14/2010
I agree with former Governor Huckabee. I disagree with GOP Party and Senators Graham and McConnell. I favor 14th amendent to be remain forever. GOP Party and Senators cannot change it period. I favor the border secure and secuity. I applaud the former Governor and Senator McCain.
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MANOFCOMMONSENSE
The #1 Republican Team? Bush/Shady.WMD?$$
08:36 AM on 08/14/2010
Its not a wedge issue!! You have to think Republican!!! Dirty Tricks, Schemes, If they get this to change before election 2012 what happens? Obama's Father was born where?? If the wording is put into the new 14th amendment is anywhere vague.... Goes to Supreme court?? Now what??..........The task of the day for the MEDIA is to ask those Republi=cons who want to change the 14th??...... To ask them if the children already born here will be Grandfathered in??? If they say no than you know where this is going!!
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OLJW00
right is right
01:42 PM on 08/15/2010
Guess how many Democrats votes for the 14th Amendment?

ZERO (House and Senate combined)

Guess how many Republicans voted for the 14th Amendment?

EVERY SINGLE VOTING MEMBER THAT WAS PRESENT (six weren't there for the vote)

But I bet you didn't know that....

Oh, and when Southern states balked at implementing the 14th Amendment, Congress came back and passed the 15th Amendment in 1870, guaranteeing blacks the right to vote. Every single Republican voted for it, with every Democrat voting against it.
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OLJW00
right is right
01:42 PM on 08/15/2010
"voted"
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HUFFPOST PUNDIT
madisonhack
I prefer not to......
08:13 AM on 08/14/2010
If we're going to address what the GOP considers a portion of the Constitution that has lost relevance in today's world, let's also examine the whole "well regulated militia" thingy in the Second Amendment, as well. Really - does anybody think that our founders intended the citizenry to be armed to the teeth absent the necessity of quickly forming a "militia" for national defense. After all, we didn't have a standing army when the Amendment was written.
12:22 PM on 08/15/2010
Yes, there are a plenty of quotations from the founding fathers that indicates that having a well armed citizenry is exactly what they meant. They certainly didn't mean the National Guard because that didn't exist at the time. The Amendment says "people" with a little "p" which means they aren't speaking in allegorical terms. They mean people in general. Now to get to the point of the 14th Amendment, what's most interesting here is how the GOP is having troubles with an Amendment that they are responsible for, coming directly after the Civil War and dealing with racist policies...and they want to claim that they aren't racist? Wow. They should listen to themselves.
considerthis
I try my best
11:35 AM on 08/13/2010
Huck is right on this one.

BUT, if one wanted to repeal the 14th, does the guarantee to due process and equal protection go too. That'll be fun.

Oh, and how about sections 2-5. Do they go too?

EVERYONE need to do some research before boldly proposing to strike out portions of the Constitution. Get a grip people. This is ridiculous.
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HUFFPOST SUPER USER
DSOTM
Legalize it, now!
10:49 AM on 08/13/2010
He's only saying this because he still wants to run for President in 2012, he knows he needs the Latino votes in the south to win.
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HUFFPOST SUPER USER
irishinohio
recovering alcocatholic
09:04 AM on 08/13/2010
He's just waiting for a chance to kick out ALL the non believers....
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Poindexter718
This machine annoys fascists.
08:02 AM on 08/13/2010
I like Hucklebee and think he's one of the few intellectually honest/rigorous leadership figures in today's husk of a Grand old Party.
If only he wasn't possessed by holy demons...
HUFFPOST COMMUNITY MODERATOR
patriciacaldwell
Yes, this keeps me awake at night.
06:54 AM on 08/13/2010
Huckabee is trying to protect the Due Process Clause. I don't think he cares about citizenship.
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Seafarer61
I am the one and done. A drive-thru truth teller.
04:31 AM on 08/13/2010
One additional comment about Huck's "you don't punish the child....." remark. Why is it automatically assumed that returning a child to the host country of an illegal is "punishment?" So it's ok to send an adult back to their original country? So as long as the person is an adult, it's not "punishment?"

American citizenship given to individuals who find themselves here due to the illegal actions of their parent(s) is a reward, nothing more...nothing less. You are holding up a prize and saying to a million people "if you bear a child here illegally, this will be your reward."
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mariusvinchi
Saint Lucia is looking better and better every day
03:59 AM on 08/13/2010
This entire debate regarding the 14th Amendment is moot. Congress will never see a 2/3 vote to repeal, nor will 2/3 of the states vote to repeal. This is nothing more than pandering to the extreme elements of their base..
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Seafarer61
I am the one and done. A drive-thru truth teller.
04:25 AM on 08/13/2010
I'm an independent and hardly qualify as an extremist yet find myself agreeing that it's time to rexamine this amendment because historically, it was NOT designed to be abused in the fashion we find it today. It's original intent was morally correct. However today, it's being used as a protective blanket to shield and reward lawbreakers.
If one parent of a child born here is legally here, then fine. If both parents are illegal, then the child should not qualify for automatic citizenship. I realize liberals see this as punishing the child but conservatives see it as rewarding the lawbreakers.
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Fattonecat
whoops !!
10:39 AM on 08/13/2010
Be careful of what you wish for !
04:31 PM on 08/13/2010
How is it rewarding the lawbreakers if it's the child that gets citizenship?
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catlady1954
If I only knew then what I know now.
02:39 AM on 08/13/2010
We're lucky he didn't win the Republican nomination, or we might be saying President Huckabee right about now.
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HUFFPOST PUNDIT
madisonhack
I prefer not to......
08:15 AM on 08/14/2010
Yeah...and Sarah Palin is relevant....right.
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HUFFPOST SUPER USER
stape45
No brag, just fact.
01:02 AM on 08/13/2010
He still has his "Tapeworm Tax Trick" (so-called Fair Tax) in his bag of tricks. The GOP loves that kind of stuff.
HUFFPOST PUNDIT
hrpmap
Retired man still active..
01:55 AM on 08/13/2010
You know nothing about the fairtax. I am not a Huckabee fan but I at least took the time to read the fairtax pro and cons. You apparently are posting without any real knowledge of the fairtax.
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HUFFPOST SUPER USER
lrobb
Gold Standard = four paws and a tail
08:26 AM on 08/13/2010
Looked at FairTax website. Complicated, but far less so than present. Not regressive because of rebate to poor and lower middle class. Much more efficient at taxing all income. Eliminates the effect of the "gray economy."
HUFFPOST PUNDIT
Freesia2
I'm nicer than I appear in print. :-)
12:47 AM on 08/13/2010
The bigot base will now proceed to dine on you Mike. They're deciding whether you'd go better with Cheetos of Doritos. (Probably the former. Doritos smacks of "those people".)