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'Birthright citizenship' will be target of House GOP majority

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Swede Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:00 PM
Original message
'Birthright citizenship' will be target of House GOP majority
Time for the nutters to tinker with the Constitution.


As one of its first acts, the new Congress will consider denying citizenship to the children of illegal immigrants who are born in the United States.

Those children, who are now automatically granted citizenship at birth, will be one of the first targets of the Republican-led House when it convenes in January.

GOP Rep. Steve King of Iowa, the incoming chairman of the subcommittee that oversees immigration, is expected to push a bill that would deny "birthright citizenship" to such children.



Read more: http://www.mcclatchydc.com/2010/11/18/103946/birthright-citizenship-will-be.html#ixzz15h3UarcT
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Ozymanithrax Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:02 PM
Response to Original message
1. The 14th Amendment shows they are just playing to their racist base.
It will require a Constitutional amendment to change that.

They don't have the votes for an amendment.
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ProgressiveProfessor Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:09 PM
Response to Reply #1
8. Are you so sure about that?
I'm not.
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ShadowLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:31 PM
Response to Reply #8
18. Yes, anyone born under US jurisdiction is automatically a US citizen, despite what conservatives say
Edited on Thu Nov-18-10 10:31 PM by ShadowLiberal
Some conservatives (though mostly conservative politicians pushing this as a law rather than an amendment) have been claiming lately that this can be undone with a simple law, but they're lying.

When the 14th amendment was written, congress wrote it specifically to undo the Dred Scott Supreme Court decision hated by many northerners, that said, among other things, that slaves and their descendants weren't US citizens and therefore weren't protected by the constitution.

Congress purposely made the citizenship test something set in stone that a judge couldn't simply reinterpret for being too vague.

Under the US constitution, if you are born under US jurisdiction, you are a US citizen, regardless of citizenship of your parents. So unless conservatives want to argue that foreigners in the US aren't under the jurisdiction of US laws, there's no logical loopholes around it. Unless of course conservatives are advocating that cops don't have the right to arrest foreigners who rob banks in the US, because of lack of jurisdiction over the bank the foreigners are robbing, but if we don't have jurisdiction then who does?
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ProgressiveProfessor Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:54 PM
Response to Reply #18
24. I should have been clearer, are you sure they do not have the votes
We lost a lot of state legislatures this time around.
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merh Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:02 PM
Response to Original message
2. Nutters tinker with constitution?
How, they aren't going to get a constitutional amendment - the nutters are loud but they don't outnumber the sane.

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leftstreet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:03 PM
Response to Original message
3. Why is US citizenship so prized?
Not trying to be snarky here

But I mean really...
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Hello_Kitty Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:08 PM
Response to Reply #3
7. Without birthright citizenship you create a permanent underclass.
I think I get what you're saying about the self-aggrandizing conceit of American citizenship. But the reality for millions of children who would be affected by such a change in our Constitution is that they would be denied rights to education, work, and political enfranchisement. It's actually a big deal.
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leftstreet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:12 PM
Response to Reply #7
11. Poverty is, and has been, creating its own huge underclass
Although I get what you're saying.

You don't have to 'deny' people a right to a job if there aren't any, or a right to education if you can't afford it. And as for voting....how's that working out?

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Hello_Kitty Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:27 PM
Response to Reply #11
16. But ending birthright citizenship totally forecloses access to education, jobs, and voting.
It creates a permanent underclass and that's why proponents want to do it.
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TheDebbieDee Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:31 PM
Response to Reply #16
19. Ding! Ding! Ding! It's about the VOTING!
Stripping these children of their birthright citizenship is equal to stripping them of their right to vote..........it's a slippery slope from there.

If the repukes are no longer able to count the votes to their advantage, they'll just change the rules so that people most likely to vote for Dems are stripped of their rights to vote.
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leftstreet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:35 PM
Response to Reply #19
21. Oh, so this is political
makes sense
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TheDebbieDee Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:46 PM
Response to Reply #21
23. Of course it's political. The slippery slope refers to
the other reasons that these knuckle-draggers will come up with to strip Americans not of European descent of the birthright citizenship.
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nemo137 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:28 PM
Response to Reply #11
17. Well, when combined with already rising anti-immigrant sentiment...
If this gets passed, look for attempts to ban services to even legal immigrants. It's the thin bit of the wedge, here.
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Hello_Kitty Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 11:10 PM
Response to Reply #17
26. Yep. Note that the arguments in favor of denying birthright citizenship to illegal immigrants
Are essentially advocating for the end of such rights for the children of ALL immigrants, legal or otherwise.
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Drale Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:03 PM
Response to Original message
4. Do they realize what it actually takes to pass an amendment?
its not like getting your cronies to do what you say.
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FLAprogressive Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:03 PM
Response to Original message
5. But what about the JOBS Boner?
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Lifelong Protester Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:03 PM
Response to Original message
6. So it is just going to be asinine time-wasting stuff like this, eh?
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bluestateguy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:09 PM
Response to Original message
9. Which will go nowhere
and lead straight to Obama winning 80% of a massive turnout Hispanic vote in 2012.
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gateley Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:13 PM
Response to Reply #9
12. There's no way they could Frank Luntz themselves out of that, but I'd sure
like to see them try. :evilgrin:
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customerserviceguy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:11 PM
Response to Original message
10. Clearly, it's an incentive to illegal immigration
Why not remove that incentive, if we really want to stem illegal immigration?
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Aristus Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:34 PM
Response to Reply #10
20. Enforcing the laws against hiring undocumented immigrants would work much better.
For everyone except the people doing the employing, of course. They want maximum profit for minimum outlay for labor, but if that avenue is cut off to them, maybe they'd start hiring Americans again. If nobody in the U.S. can get away with hiring undocumented workers, they'll go home, and try again by applying for a work visa.

It would sure work a hell of a lot better than building a Berlin Wall around the whole country.

And highly visible, public enforcement of employment laws might remove some of the stigma people attach to immigrant workers. People aren't above hiring them, and then referring to them as "criminals".
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customerserviceguy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:46 PM
Response to Reply #20
22. Why not attack this problem on every front?
Clearly, mandatory eVerify would go a long ways to disincentivizing illegal immigration, but refusing to grant the benefits that normally accompany citizenship or legal entry would also help.
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krispos42 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:17 PM
Response to Original message
13. Isn't it 2/3 of the House, 2/3 of the Senate, and ¾ of the states... all within 7 years?
Edited on Thu Nov-18-10 10:18 PM by krispos42
That's a tough one to pull off.
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dflprincess Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:23 PM
Response to Reply #13
15. The time limit is customary but not required
everything else you said is correct.

Though I imagine it will come as news to these jackasses that it will take an Amendment to change this.
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Lasher Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:55 PM
Response to Reply #15
25. Correct sir! Ratification of the 27th Amendment took over 200 years.
But I don't think we'll see another one like that without a time limit.
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dflprincess Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 11:12 PM
Response to Reply #25
27. Sir? n/t
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Lasher Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-19-10 01:02 AM
Response to Reply #27
28. Oops.
:blush:
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pinboy3niner Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-19-10 06:05 AM
Response to Reply #13
30. They're going for legislation, not an amendment
They hope to do an end-run around the Constitution and the amendment process by passing a law that re-interprets the 14th Amendment's jurisdiction clause.

Their argument is that undocumented immigrants are not truly "subject to the jurisdiction of" the United States if they are in an 'illegal' status; some claim a loophole because an illegal immigrant cannot owe "full" allegiance to the U.S., and therefore their children born here are not entitled to birthright citizenship.

A simple explanation:

But lawmakers could also try to end birthright citizenship through legislation. That approach would likely focus on the 14th Amendment phrase "subject to the jurisdiction thereof." Congress could pass a law declaring that illegal immigrants are not "subject to the jurisdiction" of the United States because they entered the country illegally, thus making their children ineligible for citizenship.

GOP in Congress attacks 14th Amendment's birthright citizenship clause
http://www.scrippsnews.com/content/gop-congress-attacks-14th-amendments-birthright-citizenship-clause


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krispos42 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-10 10:05 PM
Response to Reply #30
31. How can an illegal immigrant not be subject to the jurisdiction?
If we can legally arrest them, try them, convict them, etc.? Wouldn't this make arresting them for anything besides illegal immigration impossible?
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Angry Dragon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-18-10 10:18 PM
Response to Original message
14. Are they going to ask France to trade them back
the Statue of Liberty for the Eiffel Tower??
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dmallind Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-19-10 05:14 AM
Response to Original message
29. Yep losing all those dino conservadem blue dog dlc traitors
for real Republicans will change nothing I tell you....
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