Skip to main content

View Diary: Rep. Steve King re-introduces his stupid 'anchor babies' legislation (104 comments)

Comment Preferences

  •  Birthright citizenship has already been decided (3+ / 0-)

    by the courts. Even if this was passed by Congress and signed by the president, it would be thrown out by the courts, unless they want to get all judicial activisty.

    •  14th Amendment, sec. 1.1 is unambiguous: (0+ / 0-)
      Amendment XIV, Section 1, Clause 1:
      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.
      There's no wiggle room left in the language of the 14th Amendment for an activist right-wing judge to uphold any legislative attempt to deny citizenship to "anchor babies", since the 14th Amendment grants it to anyone "born" here.  Trying to do so on the basis of alleged narrow "original intent" that the 14th amendment was intended to address citizenship of freed negro slaves, and not broadly anyone, runs into direct collision with the alleged constitutional free speech foundations of corporations under Citizens United.  Not that Citizens United is a sound interpretation of the 14th Amendment's basis for alleged corporate "personhood".

      The more insidious tack some red state under firm control of a wingnut GOP legislature and governor might take would be twofold:
      1) Require a birth certificate as proof a person was "born here";
      2) Place as many forbidding obstacles in the way for people without their own unambiguoius documentation of citizenship or legal residency to gain access to hospitals for delivery of babies (i.e. where issuance of a birth certificate would routinely accompany any live birth), and place as many forbidding obstacles as possible in the way of obtaining a birth certificate for babies born outside of hospitals.

      The argument here would be that voting is a fundamental constitutional right, yet voter id has been held constitutional, so why not proof of qualification for citizenship?

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site