GOP lists 14th amendment as an ‘accomplishment’ on website
Wednesday, August 04, 2010 at 3:22 pm
Some Republicans, including Sens. Lindsey Graham, Chuck Grassley, John McCain, Minority Leader Mitch McConnell and others, have been calling for hearings to discuss the possibility of altering the 14th Amendment to the U.S. Constitution — the one that grants citizenship to children born to illegal immigrants in the U.S. While Wisconsin Sen. Russ Feingold, chair of the Constitution Subcommittee, says no-can-do on the hearings, here’s an interesting sidenote: The GOP’s website touts the 14th Amendment as one of its “accomplishments” — one that’s now apparently open to revision.
“The 14th Amendment guarantees due process and equal protection of the laws to all citizens. It enshrines in the Constitution provisions of the GOP’s 1866 Civil Rights Act. The original purpose of the 14th Amendment was to defend African-Americans from their Democrat oppressors in the post-Civil War South,” the GOP page reads. “The principal author of the 14th Amendment was U.S. Rep. John Bingham (R-OH). In Congress, all votes in favor of the 14th Amendment were from Republicans, and all votes against it were from Democrats.”
“I may introduce a constitutional amendment that changes the rules if you have a child here,” Graham told Fox News last week. “Birthright citizenship I think is a mistake … We should change our Constitution and say if you come here illegally and you have a child, that child’s automatically not a citizen.”
“People come here to have babies,” he continued. “They come here to drop a child. It’s called ‘drop and leave.’ To have a child in America, they cross the border, they go to the emergency room, have a child, and that child’s automatically an American citizen. That shouldn’t be the case. That attracts people here for all the wrong reasons.”
Democrats say the move to look at the amendment is election-year grandstanding.
“If you think it’s a coincidence this is coming up three months before the election, you are mistaken,” Sen. Bernie Sanders (I-Vt.) told ABC. “This is a political issue. You’re going to hear about guns, you’re going to hear about gays. You’re going to hear about immigration,” he said.
There are several parts to the 14th Amendment. Here’s the text of the “Citizenship Clause,” which is the portion in question:
Section 1. 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.
There’s long been contention about the amendment and interpretations of it, however. It’s often noted that the 14th Amendment is cited in litigation more than any other amendment.
Via @saralang.
3 Comments
Comment posted August 4, 2010 @ 4:22 pm
Politics in America has reached such a level of acrimony that every year is an election campaign year.
“Article. V.
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, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress”
I would object to a Constitutional Convention as potentially being catastrophically divisive in the current political climate.
An Amendment proposal as part of a comprehensive immigration reform package would be acceptable, but a proposal that would bypass real reform would be a fool’s errand.
Comment posted August 4, 2010 @ 4:27 pm
Once again, the Republicans like to pretend the Democrats of the Reconstruction era are the same as the Democrats now. The fact is the 14th amendment was opposed by the conservatives of the time, just like segregation was supported by conservatives, and every civil rights bill was opposed by conservatives. The white conservatives who made up the Reconstruction era and segregation era Democratic Party are now all Republicans. If Republicans had stuck to their original principles, they might be the liberal party today and could claim credit for civil rights. Instead, they’re the party where the opponents congregated.
Comment posted August 6, 2010 @ 7:53 pm
Forget about repealing the 14th Amendment.
Use the money put aside to build the fence across the border, let’s get that fence up. This will help create jobs and slow down illegal immigrants from entering the US. This will also help cut down on the number of “Acnhor Babies”.
Enforce the current Federal Immigration Laws. Deport illegal immigrants, do not catch and release. Cut down on the number of illegal immigrants and you will cut down the number of “Acnhor Babies”.
The Obama administration’s non-enforcement policy must be challenged and dealt with.
NO to Scantuary Cities. DEPORT Illegal Immigrants.
I suggest you work on stopping the influx of approx. five thousand illegals that come across that border daily.
This has nothing to do with Race. I would like to see ALL that are considered ILLEGAL Immigrants under the current laws Deported. My Grandparents followed the law and came here Legally according to the Federal Laws of the late 1800′s and early 1900′s.
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