Share

An unexpected GOP litmus test: birthright citizenship

New poll results show that businessman Donald Trump has widened his lead over the other GOP presidential contenders in Illinois.

Advertisement

In the first republican primary debate earlier this month, Donald Trump notoriously announced to Fox moderator Chris Wallace that, “If it weren’t for me, you wouldn’t even be talking about illegal immigration“. (Just none of them were put on camera to explain it.) Scholars including Dr. John Eastman of Chapman University, and even Attorney General Edwin Meese-the godfather of constitutional conservatism in the law-reject the myth of birthright citizenship.

“That’s not going to happen because the 14th Amendment says if you’re born here, you’re an American. Something like that”, Trump told the Wall Street Journal. Even Bobby Jindal came out against it – only “for illegal immigrants”, but it’s still a pretty shocking position given that, as the son of legal immigrants, birthright citizenship is the only reason he is a U.S. citizen in the first place.

If I didn’t know any better, it’d be pretty easy to believe that xenophobia is behind the desire to repeal the Fourteenth Amendment, and that “originalism” is merely a veneer of historical legitimacy applied to ordinary political opinions that are basically unconcerned with the content of the Constitution. “This remains the biggest magnet for illegal immigration”, Trump says in the policy paper.

I can quote it!” One of his proposals is to stop automatically giving citizenship to most people born on U.S. soil. “Period!” O’Reilly exclaimed of the Constitution. You can’t do that to an American citizen. And the courts have always held that due process requires any foreigner to be given a “meaningful hearing” in court before being deported. “And do you envision federal police kicking in the doors in barrios around the country, dragging families out?”

The current support for Trump should, but won’t, tell the GOP that the American electorate are tired of their deceit and lies, saying what we want to hear in order to get elected, then acting just like liberal Democrats once in office.

In 1866, Congress passed a Civil Rights Act to guarantee black Americans their constitutional rights as citizens, claiming that the Constitution’s Thirteenth Amendment gave Congress the power to pass such laws.

“The American version of birthright citizenship is the product of our very specific and intense history of a country that has grappled with slavery and has had a lot of immigration”, Professor Abraham says. “Crucially, this plan includes an emphasis on lifting struggling minority communities, including our immigrant communities, out of poverty, by preventing corporations from bringing in new workers from overseas to replace them and drive down wages”.

For the record, the text of the amendment would seem to favor O’Reilly’s interpretation in the dispute. Did it mean that the children born to Chinese immigrantswho were once under law not permitted to become naturalized citizens – conferred birthright citizenship?

The issue of birthright citizenship tends to rear its head during fights over immigration, particularly where so-called “anchor babies” are concerned.

“I think all this stuff needs to be re-examined in light of the current circumstances”. “I think it would be a good idea, actually, if everyone had to take the citizenship test that those who are working hard to earn the privilege of citizenship take“. We need to create a path to earned legal status. What Republicans really need to win back the White House is someone who has successfully governed a mega swing state, a straight talker who might sometimes tick off the GOP’s base but has proven how a conservative problem-solver can have broad appeal.

Advertisement

In Iowa and New Hampshire, Trump has led in every poll since late July.

Log InRegister