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Michael B. Keegan

Michael B. Keegan

Posted: August 9, 2010 01:10 PM

The GOP v. the 14th Amendment

What's Your Reaction:

Two weeks ago, Senators Jon Kyl and Lindsey Graham became the highest-ranking Republican officials to lend their voices to what has become an increasingly loud and disturbing refrain on the Right -- the call to repeal the Citizenship Clause of the 14th Amendment to the Constitution. Last week, Senate Minority Leader Mitch McConnell joined the clamor, calling for hearings to evaluate the possibility of repeal. Since then, these Republican leaders have back-tracked and equivocated. But the core of their message remains clear.

With this latest rallying cry, the Republican Party has disowned one of the greatest steps forward in American history, declared its disinterest in real solutions to the crises we now face, and set itself up as an impediment to future progress.

By granting the full and irrevocable rights of citizenship to former slaves and their children, the 14th Amendment began to right the wrongs of the most shameful chapter in our history. But it also fulfilled the basic purpose of a constitutional amendment--it codified an American value, to be applied to new generations and new circumstances.

Some on the Right have argued that the Citizenship Clause is an outdated administrative provision intended only to be applied to the circumstances of 1868. In fact, the clause was integral to the 14th Amendment's promise to extend the protections of the Bill of Rights to all Americans--and it was intended as a guarantee that the rights of citizenship would not be taken away from members of future generations on the grounds of animus or political expedience.

Elizabeth Wydra, Chief Counsel of the Constitutional Accountability Center, studied the issue extensively last year and concluded that the writers of the 14th Amendment "wisely placed the conditions for automatic citizenship beyond the prejudices and politics of the day, intending to establish 'a constitutional right that cannot be wrested from any class of citizens, or from the citizens of any State by mere legislation.'"

Until recently, the idea of repealing part of the 14th Amendment in order to deny citizenship to the children of illegal immigrants was embraced only by the most radical on the Right. Former Rep. Tom Tancredo in 2007 went so far as to claim that the 14th Amendment never actually guaranteed citizenship to children of illegal immigrants (an idea disproved by Supreme Court precedent and the words of the document itself). More recently, Arizona state senator Russell Pearce, the architect of the state's new draconian anti-immigrant law, agreed, accusing illegal immigrants of "hijacking" the 14th Amendment and using it as a "wedge."

Tancredo and Pearce represent the extreme end of the Republican Party -- the tip of the Right Wing most interested in reactionary posturing on immigration reform and least interested in real solutions. That the Republican leadership is now embracing their radical agenda is as disturbing as it is revealing. Like the GOP's recent attacks on the record of Supreme Court justice Thurgood Marshall, this assault on the 14th Amendment is a willful attempt to revise American history and values in the name of political expedience. I would remind Republican senators what they never tire of reminding the rest of us--that to ignore the history and values on which our laws are based is irresponsible, and it's dangerous.

 

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11:44 PM on 08/09/2010
DOES ANYBODY READ THE CONSTITUTION?

Just in case - - Article V (that's Five for all the Tea Partiers) specifically says "The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, . . ."

Where in the he!! is the Party of No going to find 288 votes in the House and 67 votes in the Senate?

Where do they get the vote of 39 states?

./

Case closed.

./
11:00 PM on 08/09/2010
Parts of the 14th Amendment have already been repealed (by the 19th and 26th Amendments):

"Amendment XIV, Section 2 eliminated the three-fifths rule, specifically stating that representation to the House is to be divided among the states according to their respective numbers, counting all persons in each state (except Native Americans who were not taxed). The provision also punished states that did not let all males over the age of 21 vote by reducing their population for purposes of representation in Congress.

With the adoption of the Nineteenth Amendment in 1920, the right to vote in federal elections was extended to women. Eighteen- to twenty-one-year-olds became voters in 1971, with the adoption of Amendment XXVI. But language in this section has been used to support the constitutionality of state laws than deny felons the right to vote."

http://www.justicelearning.org/justice_timeline/amendments.aspx?id=14

Now why do liberals want to go back to the original version of the 14th Amendment again? That would be a return to the days in which women were not allowed to vote!
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HUFFPOST SUPER USER
Commonsensus
Micro-Bio? Conservatives would not understand it.
08:53 PM on 08/09/2010
Today it is the 14th yesterday it was the 4th, what will be the next target for the GOP? Perhaps due to the fact that people like Limbaugh and Hannity abuse "freedom of speech" soon we will have to have licenses to blog and post in forums like this. These guys are capable of any type of thought. Plain scary........
08:39 PM on 08/09/2010
OK. Let's try to figure this out. It is against the law to enter this Country ILLEGALLY. Correct? OK. However, if you do come into this country ILLEGALLY and have a child, we will reward that child with a U.S. birth certificate and make him or her a citizen of the United States, pay for the birth and get the child on welfare so you can get money to stay in this country...and that's not ALL! We will school that child and you will get food stamps, the child will get FREE school lunches, and that's not ALL! You both can have FREE healthcare and get into public housing, and that's not ALL! The more children you have, the more money you will get. But keep in mind, it is against the law to enter this country ILLEGALLY! Do I have that right? OK. How do you feel about Birth Tourism?

http://www.eturbonews.com/15529/us-birth-tourism-becoming-flourishing-business


http://www.amren.com/mtnews/archives/2010/03/birth_tourism_i.php


http://www.wnd.com/index.php?fa=PAGE.view&pageId=130549
11:47 PM on 08/09/2010
The UNDOCUMENTED PARENTS do NOT get those services you mention. The American citizen child has access to the same services as any other American citizen.

Why didn't you bring this up when Bush 43 was President? Just askin'

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11:56 PM on 08/09/2010
Your url cites are VERY BIASED locations, and at least one, the CIS, is in the words of the SPLC, "John Tanton is the racist architect of the modern anti-immigrant movement. He created a network of organizations – the Federation for American Immigration Reform (FAIR), the Center for Immigration Studies (CIS) and NumbersUSA – that have profoundly shaped the immigration debate in the United States."

In addition, the SPLC says: "CIS has blamed immigrants, both legal and undocumented, for everything from terrorism to global warming. To make its case seem as strong as possible, CIS often manipulates data, relying on shaky statistics or faulty logic to come to the preordained conclusion that immigration is bad for this country. But CIS studies have been regularly debunked by mainstream academics and think tanks including the Immigration Policy Center, the Center for Budget and Policy Priorities and America's Voice."

Cites like these do nothing to move the dialog forward.

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08:24 PM on 08/09/2010
Actually, the 14th amendment was a radical, fraudulent amendment. It's primary purpose was to punish and disenfranchise the white southerner. There were 37 states, 28 were needed to ratify, only 22 voted yes. Some of the northern states refused to ratify the amendment. The US never recognized secession. The southern states were considered in rebellion. In order to get this amendment passed they declared the southern states outside of the erstwhile indisoluble union. The required the southern states to ratify this amendment in order to get back into the union. It is poetic justice now that this amendment is flying back in the faces of these corrupt republicans.
07:33 PM on 08/09/2010
Repealing the 14th amendment makes perfect sense. It would not even be discussed, however, if the immigration laws had been followed since 1986. All of the talk now is of reducing the deficit and the talk always centers on Social Security. Services for illegal immigrants and their American born children could go a long way in refunding that program.
11:58 PM on 08/09/2010
If Bush 43 had not RAIDED THE SS TRUST FUND, the SS would be, and remain, self funding until nearly 2050.

Facts are wonderful things, try using them sometimes.

./
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HUFFPOST PUNDIT
Steelsil
Warren/Grayson 2016! Yes We Can!
05:40 PM on 08/09/2010
"With this latest rallying cry, the Republican Party has disowned one of the greatest steps forward in American history, declared its disinterest in real solutions to the crises we now face, and set itself up as an impediment to future progress. " This is a description of the GOP for at least the last twenty years on every issue. Why would this be any different?

"Thee good is whatever brings the greatest happiness to the greatest number of people." - Jeremy Bentham.

The GOP -"Whatever benefits the richest two percent of the population is the greatest good, and everything else is treason and Godless Communism."
05:21 PM on 08/09/2010
Just wondering about my future. My mother immigrated in 1938 from Czechoslovakia and as far as I know is a citizen of the USA although I've never seen her official papers. When the dump the 14th amendment police show up if I don't have papers will I be deported? Since the country does not exist anymore where will I be deported to? How far back are we going to check....grandparents....great grandparents? My grandfather fought against the US in WWI...should I be investigated for Anti-American activities? If the government loses her record of becoming a citizen does that mean I'm now illegal? One thing I do know is I'm renewing my passport before the elections.....I might not be able to do so after it.
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HUFFPOST SUPER USER
DebtNavigation
Attorney and Author
03:59 PM on 08/09/2010
Has anyone got a list of countries that give citizenship based on being born inside the borders?
12:00 AM on 08/10/2010
Just Google "jus soli" . . .

./
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HUFFPOST SUPER USER
DebtNavigation
Attorney and Author
09:05 AM on 08/10/2010
So our current practice is consistent with 16% of the world (popularity doesn't make it good or bad, but it is something to take note of)? http://en.wikipedia.org/wiki/Jus_soli#Specific_national_legislation
HUFFPOST SUPER USER
Troff
I am not superstitious
03:50 PM on 08/09/2010
They're just brining out the racist vote. They know fully well that they will never have the votes to actually repeal it.
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HUFFPOST PUNDIT
Steelsil
Warren/Grayson 2016! Yes We Can!
05:42 PM on 08/09/2010
They don't mean a word of it. Republican heaven is paying a Guatamalan one half of the minimum wage, under the table
MThomasNC
Retired, Sassy, Senior Citizen
02:13 PM on 08/09/2010
What we know is the republican party is afraid of losing electoral clout in the coming years with the Hispanic community where analysis shows minorities will make up over 51% of the population around 2030, and Hispanics will make up a large percentages of minorities. They will do anything to curb this progression of babies borne as USA citizens that will grow up and vote not republican. It's a chance they can't take.

Harry and Nancy need to give the 'dixie-cans' what they want - a hearing on appealing what this progressive republican party put in place in the 1860s, and want to repeal because this current 'dixie' conservative republican party don't believe full rights for everyone.
02:10 PM on 08/09/2010
Well written, but just a small observation:
When the 14th ammendment was written, the terms 'illegal immigrant' and 'anchor baby' had not been invented, so today's situation and the time when the 14th was written can't really be compared.
Re writing the 14th ammendment makes sense, even more so if the word 'Natural' is inserted in front of 'person'.
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HUFFPOST SUPER USER
sjpersonal
03:41 PM on 08/09/2010
Fanned for Common Sense. Thanks!
12:03 AM on 08/10/2010
So, what is a "Natural person"?

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12:23 PM on 08/10/2010
A Natural person is one that actually lives and breathes. Adding the phrase 'Natural' would qualify those as persons and take away corporate 'person-hood', as the second ammendment free speech 'right' granted to corporations by the recent mis-interpretation of the SCOTUS!
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HUFFPOST SUPER USER
EthicalJournalist
01:38 PM on 08/09/2010
Does it really matter to the GOP what amendment is in question? It would seem that, short of substituting the "Jerry Falwell et al Official Interpretation of the Christian Bible" for the US Constitution, nothing will be acceptable. Operating under the misapprehension that the US is somehow a Christian nation, and that its Constitution is not only a Christian document, but a judgmental one based in an uneducated interpretation of its words, the GOP and its right-wing followers will never be satisfied until there is nothing in the nation but uneducated, fearful, inward-looking followers of the most ludicrously authoritarian leader they can find.

I have no clue how their studious ignorance can be stopped, and unfortunately, it's the worst virus in the body politic I've ever seen.
01:58 PM on 08/09/2010
And yet they are the "true" patriots and love the constitution. the irony would be laughable if it wasnt so sad..and scary.
03:10 PM on 08/09/2010
There is no radical right in the Party of Corporate Welfare. The litmus test is whether the voter is willing to reject social welfare, or not. I agree with you, their platform is not even remotely related to their actions.