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Russell Pearce is a blight on democracy! How can a man who opens his arms to Neo Nazis have any power to legislate?
The 14th amendment has not been misinterpreted. As Americans, we have a unique system that has served us well, for centuries as a matter of fact. As Americans, born or naturalized, we all can strive for the same dreams. The 14th amendment, were it only meant to be relevant to slaves, as suggested by Pierce, would have been abolished years ago. Why, after 150 years then, does it still hold a special place in our Democracy. The impact of the 14th amendment cannot be overstated.
Nonetheless, the Fourteenth Amendment was the most important constitutional change in the nation’s history since the Bill of Rights.
The term anchor baby is abhorant to me. Children are not anchors, they are unique and special human beings. When I was a school counselor, I had the story of the starfish on my door, I wanted every kid that walked in my office to know I thought there was something amazing about each and every one of them.
@Moon-howler
Unconstitutional laws, policies and programs – done.
ahem…we don’t call people ‘illegals’ on this blog.
Many people have been targets as immigrants. I will agree with that one. Historical discrimination is certainly not a good reason to continue the practice, however.
The best way to end people being in the country without documentation is to 1. tighten up border security and pass a comprehensive immigration act that ducuments people who want to come to this country to work.
I too am opposed to allowing people in who want to live off our social programs.
Is “anchor child” better? What’s a better term?
“Biologically viable green card”?
I trhink it IS an open question whether these people are citizens – and it encompasses lots of people, including a former Attorney general and including plenty of brave soldiers. But dangit, this should be clairified. And if the clear explanation that eventually results from the courts is not acceptable to many of us, then yes pursue changing it. Or, pursue it even now.
It sounds like rule of law is a one way street around here.
I’m not trying to deport all of the “anchor babies” but we need clarification on law and we as a people need to confront the issue and correct our system – which as Pearce noted in the clip is a massive incentive towards illegal immigration.
There’s rule of law, and there’s unclarified “way we’ve been doing it”.
Section 5 Amendment XIV: “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.” I believe that this may be a point of issue in Congress right now. Can the Congress pass a law which excludes the American-born children of illegal immigrants from claiming automatic citizenship under Amendment XIV? Rick did a good legal and background summary on Section 1 of Amendment XIV. Many believe that, in the specific legal cases he cited, the court left much undetermined and unclear, thereby giving Congress the possible wiggle room to further clarify the meaning of Section 1 themselves. However, whatever Congress might do in this regard, it would certainly go to the Supreme Court for a final word as to its consitutionality.
e,
let me know, it would be an awesome surprise!
To Rick and Wolverine,
as no one here can claim they are constitutional experts, I would guess there is a plethora of case law on both sides. What it boils down to is this, do we really, as a nation, want to start going down the path of denying citizenship to children born here? There are so MANY really critical issues facing this country and the world, our energy is wasted focusing on the social warfare that would result in such a verbal battle. Our economic collapse was not caused by 4% of the least powerful in this nations, it as caused by a much smaller percentage of wealthy stakeholders. I would recommend focusing our attention on the REAL issues that would force this nation to its knees.
the real issues destroying our nation are confiscatory taxes, an unsustainable ever growing welfare state, an out of control public sector union pensions, the destruction of personal liberty and freedom by an ever encroaching federal government in the process of taking over our healthcare system and every other aspect of our lives. the 25 year era of prosperity fueled by the reagan tax cuts and stimulus of private enterprise is over, and next year when the bush tax cuts expire and obamacare starts to kick in, watch out things are going to get very ugly. i weep for my country
Wow, that’s alot of pressure on the backs of the middle class! Aren’t you a part of that middle class too e? Hmmm, you do realize that Reagan left us with a pile of debt that just keeps snow balling. How was that arms for hostages deal?
I do agree with govt taking over personal freedoms, I hate government getting involved in our personal lives, glad to know you are pro choice and support a woman’s right to have dominion over her own body.
So you don’t see the financial collapse or the oil spill or an unfunded war in Iraq as fiscal drainers? Oh, wait, I remember, you were totally outraged over the medicare prescription drug act and its 1.3 trillion dollar price tag. Whoops, that was ME, not you, I forgot! 😉
Elena, it is but a point of legal clarification to be addressed lawfully by the Congress and the courts in accordance with our established system of governance and jurisprudence. We do this all the time and still are required to address other major problems.
You and I no longer live in a house with expandable economic and fiscal walls to accommodate all who wish to come in. We have to set some reasonable limits or this house could well be severely damaged, hurting you and me and every immigrant currently within it. It is not written down somewhere in some holy script that America is exempt from the laws of economics just because we have often had a bigger heart than most. Dealing with this current immigration problem is going to require some give and take on all sides.
Oh, and let me add one more thing. I kind of suspect that, if the Fourteenth Amendment is ever changed to reflect this issue, most, if not all, of the kids already here would be grandfathered in — if not by the Congress, then by the courts. The important part is to establish that, if you try it after the rules are changed, there will no question of getting a freebie with regard to citizenship.
“What it boils down to is this, do we really, as a nation, want to start going down the path of denying citizenship to children born here? ”
I believe that most of us do, yes. Going forward, almost certainly.
“There are so MANY really critical issues facing this country and the world, our energy is wasted focusing on the social warfare that would result in such a verbal battle.”
I don’t think it’ll be that big a battle. Public opinion is hardening. I think we’ve been through the worst of the disagreement, which is caused in part by ouyr leaders and media presenting such a distorted picture to America of what is possible. Arizona is clarifying the picture.
“Our economic collapse was not caused by 4% of the least powerful in this nations, it as caused by a much smaller percentage of wealthy stakeholders.”
We all caused it. America collectively decided to squander what we had (a reasonably sound economy circa 2000) on tax cuts for the rich, tax cuts for the poor, and tax cuts for everyone in between. The Democfats and Republicans were and are always eager to collude on irreponsible matters as long as the rich get to keep more money, and the poor get free money, and sell it to the rest of us by taxing the middle class less too.
I strongly resent that this President unlike Bill Clinton (strongly recommend “The Agenda” which describes Clinton’s first year in office) has created more entitlement rather than less. Fiddling while Rome burns, really.
“I would recommend focusing our attention on the REAL issues that would force this nation to its knees.”
IMO wage disparity, seperating America into haves and have-nots, with the have-nots posessing little material assets but an increasing sense of entitlement, is our biggest problem. And illegal immigration is fueling wage disparity. You can’t tell me that this is the America that we were working to build in past decades – a nation where most people can’t afford to live without acquiring debt and where they can’t afford to put in any taxes.
Rick, tell more about ‘The Agenda’ please.
I honestly don’t care if our laws do change from being a birth right nation to something else. I always thought the birth right stuff was a little ….random? Not even sure of a word for it. However, and its a big however, it would require a Constitutional Amendment. That amendment also would not replace the 14th, it would enhance what was there. Messing with the existing 14th would send all sorts of landmark cases off the deep end…once I am not willing to have compromised.
“The Agenda” is one of those great Bob Woodward books where everyone spills their guts about what was going on internally in the White House. in this case George Stephanopoulus spilled more than the Clintons wanted spilled, and bore the brunt of some anger.
It presents a picture of Clinton as having promised to do various “liberal” things he had campaigned on, but feeling constrained by the economy and aware that we needed to restore financial responsibility to government. During his first year the liberals in his Cabinet meetings (Reich, Greenberg [the pollster], Begala) were at odds constantly with those who fought to subjugate the agenda to make deficit reduction priority #1 (Bentsen, Panetta, Rivlin). The deficit hawks won. And things gotmpretty good in America for a while.
Clinton subjugated his personal ideology and desires, for the common good.
Over the course of 200 pages plus you get a good feel for what went on that year (1993). Constant hand-wringing over whether to spend, or not to spend.
I feel that “The Agenda” is underread, and unappreciated. I think that the choices made early in Clinton’s Presidency were very important, and without them we would not have prospered as we did during the 1990s.
When the Internet boom got money flowing from investors, much of that growth stayed in America rather than going to India or China, in part because we had created an economic climate where people got tax credit for providing American jobs, not overseas jobs.
And that is why Clinton will go down in the annals of history as one of the greats. Too bad he won’t be around to see it. My opinion only.
Objectively, we should all be able to see that he did a great job and that his policies and priorities are the right ones. And the counter-arguement for Bush.
It’s a shame that human beings (and American voters) are so irrational. It’s not generally accepted that we should put America first, and should use our tax code to do it.