Thursday, August 20, 2015

I'm Not a Constitutional Scholar

It seems to me that many of the Republican candidates for President of the United States have lost their minds. If you are not familiar with the term "anchor baby" I will do my best to explain what they are. Legal or illegal immigrants or almost all foreign visitors who give birth to a child in the United States have United States citizenship conferred on the child. The status of the parents is almost never relevant. I will explain shortly when it is relevant. Citizenship is conferred based on the following language in the 14th amendment to the United States Constitution. 

" 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."

So, what are the exceptions? The children of diplomats from other countries who are born in the United States. Why? It has to do with diplomatic immunity. Diplomats from other countries are not subject to the "jurisdiction" of the United States. In addition, at the time of the ratification of the amendment, the indigenous peoples of the United States were not all subject to the jurisdiction of the United States. So their children, even though they were born in the United States, were not citizens. 

What does this have to do with Republican presidential candidates? Several have come out stating their objection to citizenship being granted to the children of illegal immigrants or to visitors to United States who happen to be born while their parents are here. They contend the parents and the children should be deported. They seem, from the rhetoric they are using, to be willing to ignore all due process guarantees in the Constitution they claim to love, to boot these individuals out of the United States. Mr. Trump goes to the extent of claiming the children born here to visitors or illegal immigrants are not citizens. While I'm not a constitutional expert or a lawyer (in my thinking someone who obfuscates the obvious) I think I can read. They are citizens and entitled to due process. I find it hard to believe I'm going to write this but I am. I agree with Bill O'Rielly's comment to Mr. Trump a couple of days ago. Mr. Trump alleged he could quickly deport the 11 to 13 million illegal immigrants currently believed to be in the United States. Bill, correctly asserted, that they were entitled to due process and the deportation would take years, perhaps decades to accomplish and cost billions of dollars. That is when Mr. Trump determined that they were not citizens, that their children born here weren't either and he could just load them on buses and send them back to their country of origin. The problem is that even noncitizens are entitled to due process. The current group of Republican candidates are desperate to appeal to the nativist base of their party and are lining up with the Mr. Trump. At the same time many of them are attempting to court the Hispanic vote. Helen Keller could see these two things don't work together to get those votes. 

In closing my favorite line is Mr. Trump allegation that the 14th amendment of the Constitution may be unconstitutional. WTF? 

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