|
Nothing in the Constitution contemplates any third class, and the Naturalized Citizen is equal in every respect, many cases and laws stress, to the born citizen.
Except, MAYBE, just one. That of President. But the only reason this anachronism sits there is that there have only been 44 potential chances for the issue to be litigated, only a fraction of those were post-14th Amendment after racism was written out of the Constitution at the cost of 650,000 dead in the Civil War, and only a small fraction of those were even arguably born abroad.
So there just hasn't been the chance for courts to rule that racist nativist ideas are no longer any part of the US Constitution. If there had been this issue would never come up. But anyway, this is nothing to be taken lightly because racist and nativism has been such a strong force historically we can not pretend that, as ugly as it is, that we can simply laugh it off.
It's an opportunity to WIN, (one always attacks the debate opponent when they are weakest, not when strongest) and to remind of why Dred Scott was such an embarrassment to the USA: Among other things, it affirmed that whether free or slave, blacks could not be full citizens of the USA.
Similarly, the "birthers" or "natural born citizen" advocates simply assume that IF Obama were born in Kenya to a US citizen parent that the location of birth, the "soil" of birth, makes him ineligible to be present. Clearly, Obama was born a US citizen and was not naturalized. Case closed, except for reminding people that "accidents of birth" (the sex, race, etc one was born into) was written out of the Constitution LONG LONG ago. What a throwback!
It's a throwback all the way to feudalism, where the "soil" upon which one was born controlled the "lord" one owed allegiance to.
|