Here Comes A Son of 187
Joe Mathews -
July 13, 2009 - 10:00am
Those who think next year's California elections are going to be about constitutional reform should think again. In addition to facing divisive initiatives on same-sex marriage and legalizing marijuana, voters will confront an initiative assault on legal immigrants.
Today's Los Angeles Times reports on a campaign to qualify initiative that seeks to deny benefits to unauthorized immigrants and their children (even those born here, who are legally citizens). This is part of a nationwide campaign against "birthright citizenship." For an analysis of the legal history and issues involved, please check out this piece from James C. Ho, an originalist legal scholar who now serves as solicitor general of Texas.
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redefining citizenship,
redefining citizenship, lovely
Nuclear Option
The Republicans/Conservatives run the option of using the nuclear option at their own peril. They have legitimate concerns regarding illegal aliens getting services. When they go after children born in America under different circumstances they run the risk of being put into extinction. "Aborting" citizenship will not fly and is in direct conflict with the 14th Amendment. What if the other country of the child doesn't want said child? Their argument was it was only intended for freed slaves. Well the 1st Amendment wasn't intended for Blacks either, so what conclusion are we to draw from that? Republicans/Conservatives like to say they believe in a strict reading of the constitution. Obviously they aren't doing it on this issue. They should refile the initiative and settle with true illegal aliens getting services. That would be a fight and possible win. Throwing the nuclear option out there undermines all the reform they could achieve.