Conservatives Open New Congress With Unconstitutional Bill To End Birthright Citizenship

[octoberlib]

The Fourteenth Amendment to the Constitution expressly provides that nearly anyone born in the United States is a citizen, regardless of the immigration status of their parents. Yet, despite the Constitution’s clear command, Rep. Steve King (R-IA) wants to ignore our founding document and prevent the children of undocumented immigrants from becoming citizens:
It’s the first week of the 113th Congress, and one House member is already trying to stop children born in the United States to undocumented parents — whom he calls “anchor babies” — from gaining citizenship.
Rep. Steve King (R-Iowa), an outspoken hardliner on immigration, introduced a bill on Thursday that would “clarify those classes of individuals born in the United States who are nationals and citizens of the United States at birth.” The Supreme Court has consistently held that anyone born in the United States, regardless of their parents’ immigration status, should receive citizenship under the 14th Amendment.
King disagrees, as do 13 co-sponsors on the bill, including Reps. Louie Gohmert (R-Texas), Virginia Foxx (R-N.C.) and Mo Brooks (R-Ala.).

The Constitution is clear that King’s bill is unconstitutional. Under the Fourteenth Amendment, “[a]ll 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.” The word “jurisdiction” refers to people that are subject to American law. Thus foreign diplomats and their families, who are granted broad immunity from U.S. law, are not entitled to citizenship under the 14th Amendment. Likewise, at the time the Fourteenth Amendment was drafted many Native Americans were subject only to tribal law and thus were not “subject to the jurisdiction” of the United States. Undocumented immigrants and their children, by contrast, are not immune to U.S. law. And thus fit squarely within the Fourteenth Amendment’s command.
In the past two years, more than 200,000 parents have been removed from the country who say they have a U.S. citizen child.

http://thinkprogress.org/justice/2013/01/05/1402821/rep-steve-king-opens-new-congress-with-unconstitutional-bill-to-end-birthright-citizenship/


They just can't help themselves, can they?

[TexasTowelie]

1. No anchor babies, huh?

Like Mitt Romney.

[raging_moderate]

10. Depending on how it's written....

I tend to agree that the 14th amendment wasn't designed to allow (or encourage) illegal immigrants from coming here to have their newborns become citizens. It was written in da different time. Documented or "legal" workers is another issue. I also agree that there are many more pressing issues than bringing this up front and center, including when it comes to our dysfunctional immigration system. Any such change, whenever it is hopefully discussed, should only be part of the larger discussion we need regarding immigration.

We need an immigration system that doesn't make it harder to come legally than illegally, that prosecutes (effectively) those that are taking advantage of the broken system (a $10,000 fine against a company that is saving millions doesn't cut it), that allows foreign labor (manual labor or hight tech) to fill in what needs we have, that accounts for the educational, health care needs and civil rights for those workers, and on and on.

[davidpdx]

11. I agree with you especially on the second paragraph

Birth rates are dropping overall and increasing the number of immigrants is a good idea. I know here in Korea they have had to liberalize their immigration policies due to people having either fewer or no children.

My wife and I applied for a first part of the immigration process for her to come to the US but decided against it. It is too expensive and time consuming. There are people who are skirting the law (or trying to) by coming to the US first and then marrying. The truth is even if you marry an American they make it difficult to immigrate to the US because of the number of hoops you have to go through.

[muriel_volestrangler]

12. It may not have been *designed* to 'encourage' illegal immigrants

but it clearly does say that any baby born in the US and subject to its jurisdiction is a citizen. And the writers of the amendment weren't stupid; they'd know there were people in US jurisdiction who were not naturalized citizens themselves, but having children. They had the chance to put in wording about the presence of the mother being 'official' in some sense, but didn't.

Recognizing the sweep of this proposed language, both supporters and opponents of the Fourteenth Amendment understood the Citizenship Clause to grant birthright citizenship to children of aliens. In fact, this was a significant source of opposition: Senator Cowan lamented that the proposal would expand the number of Chinese in California and "Gypsies" in his home state of Pennsylvania by granting birthright citizenship to their children, even (as he put it) the children of those who owe no allegiance to the United States and routinely commit "trespass" within the country. No supporter of the Amendment rose to dispute Senator Cowan's view of the effect the proposed Amendment would have. To the contrary, Senator John Conness of California defended the proposed Citizenship Clause as sound policy, stating:

(With) respect to the children begotten of Chinese parents in California, ... it is proposed to declare that they shall be citizens .... I am in favor of doing so .... We are entirely ready to accept the provision proposed in this constitutional amendment, that the children born here of Mongolian parents shall be declared by the Constitution of the United States to be entitled to civil rights and to equal protection before the law with others."

In sum, the Citizenship Clause was proposed, enacted and ratified with the understanding that it granted automatic birthright citizenship to children born in the United States to alien parents.

http://www.acslaw.org/acsblog/node/13424

[LiberalFighter]

15. The fine in that case should be as follows:

(Number of undocumented/illegals working at business) times (number of total hours worked) times (federal minimum wage + payroll taxes)

The total hours worked could go back 1 year, 2 years, 5 years, however many hours in the past that have not been legally worked.

[SunSeeker]

46. Good idea, but I'd then multiply that sum by a factor of 2.

Europe does not have an illegal immigration problem like we do because they have very harsh penalties on employers. Funny how that works....

[crim son]

19. Agree, 100%. n/t

[bowens43]

27. blatant racism...truly pathetic.

[raging_moderate]

44. if you are addressing that to me, hardly

Again, the immigration system and policies in the US are broken. As a part of fixing that (and only as a part of that) I think we need to look at whether that naturalization clause should be changed to only apply to legal immigrants. I believe that we need a legal, workable, ethical way of working with foreign labor sources (a cold way of stating that I suppose) to fill the needs we have, do the customary checks on such immigrants (screen for TB etc..I am a physician and you should trust me on the community health risks of not screening all immigrants - and it can only be done on those we know about. What we do with those who test positive is another discussion), give them their green card or equivalent (which allows them some kind of access to health care, educational, social service, transportation, legal needs etc...) We need to discuss who pays for it all (employer/employee like SS and FICA?? - another plug for Universal health care from me as it sure would make make that dilemma easier to deal with as well. The present system which allows, annd pretty much also encourages, our immigrants (which we need) to come illegally under the radar does not offer any of that. I believe we need to have a system that encourages legal entry and ethical treatment of immigrants, and does not reward those that prey upon them.

Offering all of that I think can only be done with legal immigrants in mind. I understand we are a melting pot (I am 63/64th from across the pond myself).

Now take you "racist" comments direct them where they are appropriate. I agree you unfortunately don't have to look far.

[Drahthaardogs]

37. Nonsense. It most certainly was to encourage people to move here.

I guess my dad and mom were "anchor" babies along with 16 million other decedents of Italian ancestry. So were 62 million people of Irish decent in this country, as most of them more or less came here illegally.

We are a nation of immigrants. Every group has faced hostilities from the powers that be, and every group has assimilated rather nicely.

[Drahthaardogs]

50. I was at an italian epiphany today

La befana was there. I fly an Italian flag on unification day and speak at a B2 level. Just because the Saxons lost their heritage does not mean everyone else needs to as well.

[Heather MC]

29. ok lets do it they can have the 14th amendant and we will.

take the 2nd amendment deal!

[valerief]

63. And his wife! nt

[putitinD]

2. classy

[newfie11]

3. Well this is starting out well

[UCmeNdc]

4. And they are off and running!

Republicans...... Sheeeeeeeeeesh?

[coldbeer]

5. This Is TRULY Outrageous & It REALLY Pisses Me Off! (by kpete)

I read kpete's thread yesterday. Sounds like the T-baggers
are after the hispanics this cycle. It will backfire on them,
big time.

[RBInMaine]

6. I LOVE IT ! This is the kind of CRAZY SHIT that continues to DESTROY the TeaPublican Crazy Party.

[RBInMaine]

7. Economy. Budget Issues. War. Storm Recovery. Gun Violence. And THIS is how they are starting? CRAZY!

[ehrnst]

62. Don't forget repealing the Affordable Care Act... (nt)

[AlbertCat]

8. Well this will help the economy and jobs market at lot!

.... or maybe not...


Clueless GOP..... again.

[ReRe]

9. They're testing the waters...

K&R

...to see where the freshmen stand. You know, are they "with them or against them."

[redstatebluegirl]

26. That was my first thought!

They need to see who earned the Koch and Norquist money and who did not.

[ReRe]

34. Exactly

[BigPaul25]

13. King's constituents

King's a cretin. What's the makeup of the district in Iowa elects such a creep?

[libinnyandia]

17. They love him because he's a happily married, church-going, anti-gay,

tax-hating Republican.

[Fuddnik]

14. Insanity:

Keep doing the same stoopid shit time after time after time, and expecting a different result.

[Thav]

16. He also introduced two more

One to repeal the ACA, and another to repeal the 16th amendment.

Both non-starters. Seriously, quit wasting our time King!

[Third Doctor]

18. I'm sure the Latino voting bloc is watching these antics.

The GOP does not seem to have a learning curve. The southern strategy is going to kill them sooner or later.

[Bette Noir]

24. Didn't you hear? We Latinos vote for Democrats because we're "prejudiced."

So said Erstwhile Queen Anne.

[Yo_Mama_Been_Loggin]

20. Wouldn't this require a Constitutional ammendment?

The GOP clown show continues.

[SunSeeker]

48. Yes.

And yes.

[The Wizard]

21. The gentleman from Iowa

is a jerkoff.

[Whovian]

22. Xan you say racist? n/t

[madrchsod]

23. king is playing to his racists out in the heartland

this will go nowhere and he knows it....

[calimary]

25. Well, how 'bout we make big changes in this one when THEY make big changes in Amendment #2?

[cheapdate]

28. Unless there is a question over the meaning of the word "born"...

the proposal is clearly unconstitutional.

[SciFiRK]

30. Rant! Why should people who break the law gain?

I think the law should be changed that at least one parent must be a US citizen. Illegals come the the US, have a baby and then use the child in many cases not to be deported. Then the child can sponsor them to be citizens. More should be done to check employers who hire illegals at substandard wages not only big companies but companies that hire 1099 "contractors" who are paid in cash and don't contribute to withholding and social security.

There are construction projects in my area and all the employees on these jobs are latinos. When asked, they said they cannot find american kids, white or black, who will work as hard. Really what they mean is they can't find citizens who will work for low wages, no safety and even if they do get hurt they will not file because they are illegal or if they get laid off they can't apply for unemployment.

I personally know young men who can't get a laborer job digging ditches. The gas company was replacing pipes in my area and when I stopped to ask a question, out of 5 men not a one could speak english, I had to wait for the supervisor. I've also been in an wreck with an illegal who had not insurance. He just went back to his country when the law came after him.

We don't need a "papers please" type of system, but we do need something better.

[YvonneCa]

36. Comprehensive Immigration Reform...

...and welcome to DU.

[Kablooie]

40. Can't just change the law. You've got to change the Constitution first.

Don't like it? That's fine.
Get a Constitutional amendment passed and it's changed.

[ehrnst]

60. Um...that child can't sponsor them for at least 21 years.

And then they have to show that they can support themselves AND whoever they are sponsoring - which means that 21 year old has show that they can support themselves and their parents... Not bloody likely. So the wait is even longer than 21 years.

More information here:

http://habueld.hubpages.com/hub/The-Myth-of-Anchor-Children

So the anchor baby myth is just that. People come here and have babies here so that their children can have better lives - which is the story of our country.

Why should babies born here should have to pay with their citizenship for abusive employers? I want to see that rant.

[treestar]

66. Then it has to be done by constitutional amendment

And that is difficult to do. Waste of time. So worried about punishing people for their parents' actions.

As for your second paragraph, these people should take the job - Latino US citizens with illegal parents are just as much citizens as the others you are talking about.

[musical_soul]

68. The problem or shall I say problems.....

People come here in desperation. Either it's economical, for their safety, or both.

Then, the department of immigration breaks up families by deporting one parent off. I read about a case where the American parent had mental illness, the Mexican parent got deported, and they both lost their kids. The government wouldn't allow the wife and kids to go live with him in Mexico. It was all a baby stealing grab.

http://myfox8.com/2012/03/09/nc-deportation-case-highlights-child-welfare-maze/

If regular people stole babies like this, they'd go to jail. We allow this under the guise of immigration. This isn't the only case. There are thousands of families torn apart. The people fighting for it are often Republicans claiming to care about family values.

[John2]

31. It doesn't bother me

at all, children born in the United States becomes citizens. It just seems to bother certain people. These are the same people worried about my benefits also. I got something to say to them face to face. American citizens like me need to kick these people out of office for trying to deny our rights. They just keep raising the ante.

[BainsBane]

32. Good to see they aren't serious about improving the party's Image

And ability to win elections. I hope this gets lots of attention. What idiots!

[Cha]

33. republicons wasting time and taxpayers' money.

[GatorOrange]

35. Watching the GOP dig a deeper grave..

The Conservative Media Echo Chamber applauds and its willling audience laps this up..... while the rest of the country just does a collective eyeroll.

Just one of the small things that is going to ensure the GOP is going to be headed into Tea Bagger driven insignificance. Keep it up losers.....

[wellstone dem]

38. I hope it's not retroactive. My Grandpa was an anchor baby

His father immigrated here illegally. Great-grandpa also voted for many years, before he became a U.S. Citizen in his 70s, when he realized that he had to be documented to get Social Security. He then became a citizen, and continued to vote. Of course he was a farmer in North Dakota, and crossed the border from Canada, and was white. So I suppose this isn't targeted at him.

[Kablooie]

39. A never ending font of stupidity. I wish someone over there would just grow a brain cell. Sheesh.

[Adenoid_Hynkel]

41. The GOP can nominate all the Rubios they want

but no amount of tokenism is going to change their policies and win over latino voters.

[Red Mountain]

42. It's a wedge issue.....

that works in our favor.

The Hispanic vote is getting more important every election cycle.

I know some folks who are probably illegal. They're reasonable people (if a bit scared of anything official) who look at this sort of thing and say WTF? just like any solid Liberal would.

I can't say I'm upset by these right wing shenanigans.

More power to them, actually.

They're putting more 'we' into 'We the People' every day.

[copperearth]

43. I just had a bright idea ...

Let's throw the whole Costitution and all the Amendments out. Anything goes as long as the Country remains lily white! These teabaggers make me ashamed to be an American.
Give me your tired, your poor,
Your huddled masses, yearning to breath free,
The wretched refuse of your teeming shore,
Send these, the homeless, tempest tost to me,
I lift my lamp beside the golden door.

The teabaggers need to rewrite the poem! I am certain they can do better.

[King_Klonopin]

56. Would it read something like this...

Welcome to Amer'ca...
Now get the fuck out of here
and go back from whence you came !
(unless you're a wealthy, white person)
For the recoed, we shall be clear:
We think you scum are all the same !

[rippinsteo]

45. No borders

Borders are for racist, nationalist pigs. Give citizenship and the right to vote to anyone who wants it. If you make it here, you can have it all. Let freedom ring for ALL citizens of the world.

[SunSeeker]

47. "Constitutional Conservative" is an oxymoron. nt

[Thinkingabout]

51. The immigration law in 1986 said employers would be fined but $500 on Walmart is not large enough.

I doubt they even paid the fine. Living in Houston there have been many but the employers still hire them so no big deal and we still have an immigration problem. Don't blame those here illegally unless you blame their employers more. Many are hired indirectly but again if the fines was larger it would cost less to hire the legal people.

[Rosa Luxemburg]

52. What is Rep King's IQ?

[Sunlei]

53. On the bright side, we could examine the koch/bush nazi immigration papers.

find where they lied to gain entry into America. And then deport all of their entire families.

[Left Coast2020]

54. What happened to Batshit Bachman?

She is supposed to sign as well since she is in the "batshit crazy" party.

[Scootaloo]

55. My reply, in meme form:

[davidpdx]

57. Gee I thought abortion would be the first bill on the docket

I guess that one is just as stupid. It will be interesting to have a list of the first 15-20 bills proposed in the new Congress once we get that far. It will show how little the Repukes have learned.

[Turbineguy]

58. Constitution?

Hah! That's for Democrats!

[larrymcmasters]

59. Illegal Anchor Babies

Whee does it say in the 14th amendment that immigration status is irrelivant?

[NYtoBush-Drop Dead]

61. tHey should be billed a days wages...

for every day they waste with this crap.

[samsingh]

64. repugs waste our money by introducing stupid bills

[Larrymoe Curlyshemp]

65. They're trying to protect themselves from another Mitt Romney!

[musical_soul]

67. It won't last....

but it's time for Obama to push the Dream Act forward.