Wednesday, August 19, 2015

Daily Trumpeter: "The 14th Amendment is unconstitutional"

You would think, maybe, that really staunch conservatives would defend the Constitution of the United States against any sort of attack. You would be wrong. (Or maybe I am naive in thinking that conservatives believe in the Constitution.) Donald Trump, and some of the other Cleveland Clowns, want to ditch the 14th Amendment. You know. The one that says that you and I are citizens of the United States. By reason of birth.

Here is a report from Politico about how Trump plans to proceed.

Donald Trump clashed with Bill O’Reilly on Tuesday night over the part of his immigration plan that would take away citizenship from the children who were born in the United States but whose parents came to the country illegally.

Under the 14th Amendment, O’Reilly told Trump on "The O’Reilly Factor," mass deportations of so-called birthright citizens cannot happen.

Trump disagreed, and said that "many lawyers are saying that’s not the way it is in terms of this."

As to federal police kicking in doors to abduct sons and daughters of immigrants? Trump did not rule it out.

O’Reilly then asked Trump if he envisions "federal police kicking in the doors in barrios around the country dragging families out and putting them on a bus" as a means to deport everyone he intends to deport.

"I don’t think they have American citizenship, and if you speak to some very, very good lawyers — some would disagree. But many of them agree with me — you’re going to find they do not have American citizenship. We have to start a process where we take back our country. Our country is going to hell. We have to start a process, Bill, where we take back our country," Trump said.

But Trump is not going to amend the Constitution. He's just going to get it declared illegal.

"It’s a long process, and I think it would take too long. I’d much rather find out whether or not anchor babies are citizens because a lot of people don’t think they are," he said. "We’re going to test it out. That’s going to happen, Bill."

Here is what the 14th Amendment, Section 1, says. "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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Trump wants to get rid of that? And what replaces it? And what of your guarantee of citizenship?

Steve Benen at MSNBC/Rachel Maddow has a good short take on this.

As ridiculous as this may seem, don’t just roll your eyes at this and move on. Trump’s wrong, but his argument is poised to become a lot more common.

What Trump actually has in mind is a court fight in which he and his lawyers challenge the legality of constitutional language.

Trump and the other Clowns are walking on the knife edge of the law of unintended consequences. How do you know you are a citizen? If not by reason of birth in this country, then by reason of birth to your parents who presumably are/were citizens. How do you know they are/were citizens? And how about their parents? And their parents? The whole point of the 14th Amendment is to avoid this nastiness.

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