Sticky: A little history lesson for the ddb i
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Posted On: 10/31/2018 6:32:28 PM
Sticky:
A little history lesson for the ddb illiterate libs.
The True History of Millstone Babies
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Having mastered fake news, now the media are trying out a little fake history.
In the news business, new topics are always popping up, from the Logan Act and the emoluments clause to North Korea. The all-star panels rush to Wikipedia, so they can pretend to be experts on things they knew nothing about an hour earlier.
Such is the case today with “anchor babies” and “birthright citizenship.” People who know zilch about the history of the 14th Amendment are pontificating magnificently and completely falsely on the issue du jour.
If you’d like to be the smartest person at your next cocktail party by knowing the truth about the 14th Amendment, this is the column for you!
Of course the president can end the citizenship of “anchor babies” by executive order — for the simple reason that no Supreme Court or U.S. Congress has ever conferred such a right.
It’s just something everyone believes to be true.
How could anyone — even a not-very-bright person — imagine that granting citizenship to the children of illegal aliens is actually in our Constitution?
The first question would be: Why would they do that? It’s like being accused of robbing a homeless person. WHY WOULD I?
The Supreme Court has stated — repeatedly! — that the “main object” of the citizenship clause of the 14th Amendment “was to settle the question … as to the citizenship of free negroes,” making them “citizens of the United States and of the state in which they reside.”
Democrats, the entire media and House Speaker Paul Ryan seem to have forgotten the Civil War. They believe that, immediately after a war that ended slavery, Americans rose up as one and demanded that the children of illegals be granted citizenship!
You know what’s really bothering me? If someone comes into the country illegally and has a kid, that kid should be an American citizen!
YOU MEAN THAT’S NOT ALREADY IN THE CONSTITUTION?
Give me a scenario — just one scenario — where the post-Civil War amendments would be intended to grant citizenship to the kids of Chinese ladies flying to birthing hospitals in California, or pregnant Latin Americans sneaking across the border in the back of flatbed trucks.
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You can make it up. It doesn’t have to be a true scenario. Any scenario!
As the court has explained again and again and again:
“(N)o one can fail to be impressed with the one pervading purpose found in (the 13th, 14th and 15th) amendments, lying at the foundation of each, and without which none of them would have been even suggested; we mean the freedom of the slave race, the security and firm establishment of that freedom, and the protection of the newly made freeman and citizen from the oppressions of those who had formerly exercised unlimited dominion over him.”
That’s why the amendment refers to people who are “subject to the jurisdiction” of the United States “and of the state wherein they reside.” For generations, African-Americans were domiciled in this country. The only reason they weren’t citizens was because of slavery, which the country had just fought a civil war to end.
The 14th Amendment fixed that.
The amendment didn’t even make Indians citizens. Why? Because it was about freed slaves. Sixteen years after the 14th Amendment was ratified, the Supreme Court held that an American Indian, John Elk, was not a citizen, despite having been born here.
Instead, Congress had to pass a separate law making Indians citizens, which it did, more than half a century after the adoption of the 14th Amendment. (It’s easy to miss — the law is titled: “THE INDIAN CITIZENSHIP ACT OF 1924.”) Why would such a law be necessary if simply being born in the U.S. was enough to confer citizenship?
Even today, the children of diplomats and foreign ministers are not granted citizenship on the basis of being born here.
President Trump, unlike his critics, honors black history by recognizing that the whole purpose of the Civil War amendments was to guarantee the rights of freed slaves.
But the left has always been bored with black people. If they start gassing on about “civil rights,” you can be sure it will be about transgenders, the abortion ladies or illegal aliens. Liberals can never seem to remember the people whose ancestors were brought here as slaves, i.e., the only reason we even have civil rights laws.
Still, it requires breathtaking audacity to use the Civil War amendments to bring in cheap foreign labor, which drives down the wages of African-Americans — the very people the amendments were written to protect!
Whether the children born to legal immigrants are citizens is controversial enough. But at least there’s a Supreme Court decision claiming that they are — U.S. v. Wong Kim Ark. That’s “birthright citizenship.”
It’s something else entirely to claim that an illegal alien, subject to deportation, can drop a baby and suddenly claim to be the parent of a “citizen.”
This crackpot notion was concocted by liberal zealot Justice William Brennan and slipped into a footnote as dicta in a 1982 case. “Dicta” means it was not the ruling of the court, just a random aside, with zero legal significance.
Left-wing activists seized on Brennan’s aside and browbeat everyone into believing that anchor babies are part of our great constitutional heritage, emerging straight from the pen of James Madison.
No Supreme Court has ever held that children born to illegal aliens are citizens. No Congress has deliberated and decided to grant that right. It’s a made-up right, grounded only in the smoke and mirrors around Justice Brennan’s 1982 footnote.
Obviously, it would be better if Congress passed a law clearly stating that children born to illegals are not citizens. (Trump won’t be president forever!) But until that happens, the president of the United States is not required to continue a ridiculous practice that has absolutely no basis in law.
It’s often said that journalism is the first draft of history. As we now we see, fake news is the first draft of fake history.
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Section 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. 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.
Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.[3]
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