Rand Paul Takes On the 14th Amendment!

For Advertising Info, Write.
rwnews@blogads.com

Premium Left blogad

Left Blog Ad

Permalinks

Rand Paul Takes On the 14th Amendment!

Written By : Donald Douglas

For a guy who says he’s an unequivocal backer of equal protection of the laws, you’d think Rand Paul might be a bit more, let’s say, careful in avoiding another big fight on civil rights issues. The 14th Amendment is the Holy Grail of the U.S. civil rights regime, and within a week of suggesting that federal law overreaches when regulating private business decisions and freedom of association, here he comes again with more. See CNN, “TRENDING: Paul: No citizenship for children of undocumented immigrants.”

Allahpundit has an interesting post on this, and he points us to a George Will essay from March, “A Birthright? Maybe Not.” It turns out that the authors of the 14th Amendment never intended U.S. born children of foreign parents to gain citizenship. The logic is impeccable, but as with the public accomodations debate we just had, I’m betting this is another argument conservatives won’t win (for the moment, at least … check back with me after we get “comprehensive” immigration reform).

More at Memeorandum.

Cross-posted from American Power.

King Homer

I have to agree with Allahpundit. The birth right subject was more for the children of slaves that it was illegal aliens making a mad dash across the border to have an anchor baby pop the chute.

Before the adoption of the 14th Amendment, citizens of the states were automatically considered citizens of the United States. In 1857, the <l>Dred Scott v. Sanford decision had held that no black of African descent (even a freed black) could be a citizen of hte United States. The 14th Amendment was thus necessary to overturn Dred Scott and to settle the question of the citizenship of the newly freed slaves. The 14th Amendment made United States citizenship primary and state citizenship derivative. The primacy fo federal citizenship made it impossible fro states to rpevent former slaves from becoming United States citizens by withholding state citizenship. States could no longer prevent any black from United States citizenship or from state citizenship either.

Here's the kicker…. The Civil Rights act of 1866 had previously asserted that “All persons born in the United States not subject to any foreign power (hello illegal aliens!) excluding Indians not taxed, are hereby declared to be citizens fo the United States”. ref The Heritage Guide to the Constitution, page 384.
http://rhymeswithright.mu.nu RhymesWithRight

Paul advocates a change in how we do things now. There are two ways to accomplish this. The first would be to get the courts to rule that illegal immigrants are invaders akin to a foreign force in time of war, and that their children are therefore not covered by the Fourteenth Amendment (this would involve the passing of legislation to this effect by Congress in order to create and actual case for the courts to rule on). The second, and more likely, way would involve the use of the amendment process spelled out in the Constitution itself. Neither course of action would in any way contravene respect for the Constitution or support for equal protection of the laws for all Americans.
D-Vega

You guys are delusional. We can't even have sensible immig law reform and you think you could alter or repeal the 14th? It's a nationalist's and nativist's wet dream. Nothing more.

http://networdblog.blogspot.com Christopher_Taylor

I don't know who's talking about repealing the amendment but its not necessary. If you want to prevent “anchor” babies, just rule that any such kids will be considered US citizens, but under the guardianship and protection of their parents. Thus, when their parents are deported for being in the country illegally, the kids are removed as well, to stay with their folks. The child is free to return as a US citizen at any time when they reach 18 years of age.

Problem solved without any change in law necessary.
mightysamurai

You guys are delusional.

Who's this “you guys”? Are you totally blind or did you just not read the post?

Power_System_Oper

Let Rand Paul be Rand Paul. Finally a conservative politician who has the guts to walk the talk of standing up for conservative principles through thick and thin which I attribute to his sound parenting by Libertarian minded father and Congressman Ron Paul.