Wednesday, August 19, 2015

Well, I just happen to have the Fourteenth Amendment right here with me, and...

Italian immigrants at Ellis Island, 1905. Photo by  Lewis Hine via Locust St.

Sam Stein and Amanda Terkel at HuffPost, on support among the GOP clown car for Steve King's bill to end birthright citizenship in the US:
When Kentucky Sen. Rand Paul first ran for the Senate in 2010, he said he didn't "think the 14th Amendment was meant to apply to illegal aliens."
Matter of fact, he was right about that, though possibly not for the right reasons: it wasn't meant to apply to "illegal aliens" because they didn't exist when the 14th Amendment was adopted in 1868. There was no law restricting the presence of noncitizens on US soil until Congress passed the Chinese Exclusion Act in 1882 (starting off with an explicitly racist bang). It clearly applied to legal aliens, but that was the only kind of aliens we had.

When the question did come up, it was with reference to the Chinese Exclusion Acts, in United States v. Wong Kim Ark (1898), a US citizen born around 1871 to Chinese immigrant parents in San Francisco who had traveled outside the country and was being denied re-entry. The Supreme Court ruled
that the citizenship language in the Fourteenth Amendment encompassed essentially everyone born in the U.S.—even the U.S.-born children of foreigners—and could not be limited in its effect by an act of Congress.
That is, an act such as the Chinese Exclusion Act. Or Representative King's unconstitutional bill. It applied to the children of undocumented migrants as soon as anybody thought to ask the question, and it still does. (Paul, along with Graham, now calls for a new constitutional amendment to "fix" the "problem" according to Stein and Terkel, which is at least not legally illiterate; Trump, Walker, and Jindal double down on idiocy, and Santorum seems to think birthright citizenship is already illegal but nobody noticed.)

Cross-posted at The Rectification of Names.


The New York Crank said...

If we can go back one generation to exclude natural born Americans from citizenship, can we go two? How about three, or four, or ten? This may be the tool native Americans need to get their land back. Everybody who's white has to go. None of them came here legally, either because there were no immigration laws when their ancestors came, or because the laws were put in place by the descendants of their illegal ancestors.. Oh, and that would also apply to nonwhites such as Bobby Jindal.

Or, King's Big Idea could be used as an excuse for Nazi-style roundups and subsequent deportations of genetically impure people. And what if the nations their ancestors came from refuse to take them back? Why, that's what gas chambers were built for, right?

The beauty part is, with lawmakers like Representative King, Nazis become completely unnecessary because King will put their policies in place without all the time-wasting swastickas and sieg heils.

Yours very, very crankily,
The New York Crank

Victor said...

Wow, that GOP outreach program is really going gangbusters, ain't it?

The only people they haven't offended lately are white "Christian" males - conservative ones I mean, not those DFH Libtards, of course!

retiredeng said...

Do these idiots realize that we can add more amendments to "fix" if this happens? Like the 2nd?

Victor said...

The 2nd?

Why, that was written by Jesus himself, with God, his Father, directing his hand!
It's in the Bible, Heathen! ;-)