"The attempt to end birthright citizenship in the United States is an attempt to reverse history, to push our nation back, way back, before the Dred Scott decision of 1857 and the secession crisis that soon delivered the nation into the Civil War. Calling this action “unconstitutional” is utterly inadequate; the maneuver is the soiling of sacred text with profane lies.
Birthright citizenship is a shield of protection to anyone born in this country, as close to a national self-definition as we have; it is our legal DNA. Section 1 of the Fourteenth Amendment should be emblazoned on small laminated cards and carried in every American’s pocket. The language is amply clear:
All 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.
That language is as fundamental to the Constitution as any other provision, perhaps even more important to the survival and growth of our pluralistic republic than the First Amendment, which protects free speech, free press, the right of assembly, and the right to petition the government. It is as inherent to constitutional function as federalism itself.
Read: The attack on birthright citizenship is a big test for the Constitution
The Trump administration now scoffs at this history, purporting to end this guarantee with an executive order signed on Donald Trump’s first day back in the Oval Office and tragically titled, in a fantastic act of Orwellian doublespeak, “Protecting the Meaning and Value of American Citizenship.” The administration makes a phony originalist argument based on the claim that the Fourteenth Amendment’s guarantee extended only to the freedmen and their descendants. Quite the contrary, the amendment’s authors explicitly envisioned the immigrant population and its descendants as part of their plan. Congressman John Bingham, Section 1’s author, defended the amendment by drawing on the authority of the Constitution’s Framers, who had “invited the workers and builders whose honest toil clothes and shelters nations,” and who hailed from “every civilized nationality” to become “citizens of the Republic.” This is why, in blocking Trump’s order last week, the Federal District Court Judge John C. Coughenour said without caveat: “This is a blatantly unconstitutional order.”
MORE AT:
The Atlantic
Birthright Citizenship Is a Sacred Guarantee
The attack on it is a violation of the nation’s post–Civil War rebirth.
January 27, 2025
No comments:
Post a Comment
You can add your voice to this blog by posting a comment.