UPDATE: 14TH AMENDMENT

I just wanted to ask this of people on this site, just to get a sense of what's the thinking on this.  I'm not going to use this particular instance to express my view.  But I do want to ask, do you believe this section of the 14th Amendment should be overturned, the one which says (paraphrasing):  That those people BORN in the United States are citizens thereof, and are entitled to the rights and priviledges of every citizen of the United States?  Considering the current illegal immigration problems in our country, should this be overturned to mean only those born to CURRENT citizens?


Poll
Overturn Citizenship by birth?
Yes
No

Votes: 6
Results : Vote Link : Polls

Display:


Re: Equal Protection (none / 0)

I think that's a reasonable amendment, but I'm not sure what this has to do with equal protection. The equal protection clause protects "all persons within [a state's] jurisdiction." Citizenship only limits the protection afforded by the privileges and immunities clause. (Also, the Due Process Clause is applicable to the states' treatment of all persons, not just citizens.)

This is just a small point about your title. I don't mean to imply that citizenship isn't important or anything.


by DPW on Thu Nov 15, 2007 at 12:03:50 AM EST

Re: Equal Protection (none / 0)

Thanks


by dlh77489 on Thu Nov 15, 2007 at 12:12:54 AM EST
[ Parent ]

Re: (none / 0)


That clause was inserted in 1868 to ensure that all freed slaves were in fact citizens.  I'm not quite sure about the status of American Indians at the time, but many were in fact held as slaves in California in the 1850s and perhaps 1860s.

I say keep it.  We don't have a particular ethnic or religious or ideological historical criterion for citizenship.  (Well, we probably should/would admit anyone of demonstrated majority descent from the American Indians aboriginal here.)   We have a behavioral criterion of positive social participation.  The loyalty oath new citizens have to give is to the Constitution, i.e. the social project and its people as a whole.

Furthermore, it's probably wise to be against anything Tom Tancredo is in favor of  :D


by killjoy on Thu Nov 15, 2007 at 01:27:29 AM EST


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