Republicans Gear Up To Challenge The Constitutionality of the Constitution

Over the summer, Arizona’s papers please, anti-immigration law drew critic’s ire for the law’s racial profiling aspect and preposterous subjugating of Federal laws regarding border security. If SB 1070 wasn’t bad enough, Americans can brace themselves for the next assault on immigration and this time it is in the form of a challenge to the 14th Amendment of the Constitution of the United States.

Arizona’s SB 1070 gave law enforcement the right to demand proof of citizenship from anyone suspected of being in the country illegally, and makes the failure to carry immigration documents a crime. The law gives the police broad power to detain anyone suspected of being in the country illegally, and critics expressed their concern that any Latino risks being unfairly targeted based on the color of their skin. The law was spearheaded by Russell Pearce, and it has several provisions that are inherently discriminatory in that it requires police officers, “when practicable,” to detain people they reasonably suspect are in the country without authorization, and to verify their status with federal officials.

The problems with the law are that immigration and border security are the Federal government’s jurisdiction and that many racists in law enforcement will abuse the law and detain any Hispanic as a form of harassment. Now, Russell Pearce is taking his anti-immigrant war a step farther by targeting the children of immigrants born in the United States, and there are several states joining the attack on constitutionally guaranteed birthright citizenship in the 14th Amendment.

Legislators in several states are intent on coordinating their push for identical bills in state houses in an effort to challenge Federal law although they are not disclosing their exact approach. If passed, states could refuse to issue birth certificates to immigrant’s children, or deny benefits to children because under their proposed laws, the children will not be American citizens. The stated goal of Pearce and other anti-immigrant legislators is to bring the case to the Supreme Court so the constitutionality of the 14th Amendment can be challenged. How exactly they go about challenging the constitutionality of the Constitution is so bizarre of a concept, that it only could have its provenance in the conservative movement; of course, if it is bizarre enough, it must be a Republican-inspired idea.

The part of the 14th Amendment that proponents want the Supreme Court to overturn is the first sentence that 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.” It is fairly straight forward, and doesn’t sound like there is any duplicity in that one sentence, but that will not stop Republicans from challenging the constitutionality of the Constitution. The premise that Pearce and cohorts is questioning is whether unauthorized immigrants are “subject to the jurisdiction” of the federal and state governments. However, the 14th Amendment clearly says that “all persons born or naturalized…and subject to the jurisdiction” is a citizen. There is nothing unclear in the statement “all persons born…are citizens,” and the Republicans in Arizona know the Amendment is clear.

As far back as the 1800s, the Supreme Court has upheld the 14th Amendment and birthright citizenship. In an 1892 case, US v. Wong Kim Ark, the court ruled that the 14th Amendment “affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children born here of resident aliens.”

It is ultimately hypocritical for Republicans who claim to love and protect the Constitution to subvert the 14th Amendment to suit their hatred for immigrants, but hypocrisy is the hallmark of conservatives and especially Republicans. There is fear among Republicans that Hispanics will vote for Democrats, and despite their lies about resources immigrants take from America, or the crime they bring, it is the loss of white power they fear most.

Republicans are quietly fighting to maintain a white power base in America because they see the country is becoming homogenized into a beautiful melting pot of multi-cultural citizens and it frightens them. If the law allowed white bigots to exterminate Hispanics, Blacks, Asians, and gays, there would be a holocaust that would make Adolph Hitler’s Nazis jealous. Hopefully, the Supreme Court will not have to hear a case to determine the constitutionality of the Constitution, and if it does, there are none in this country who are citizens; because at some point in every American’s lineage, they were born of immigrants who were not yet citizens. This outrage is just another in a long line of Republican and conservative’s attempts at destroying the Constitution, so in a way, it is not surprising that they would try to test the constitutionality of the United States’ Constitution.

45 Replies to “Republicans Gear Up To Challenge The Constitutionality of the Constitution”

  1. Yeah…about that. Unfortunately, as you point out so well, the attempt is very real. The Republicans say they’re defenders of the Constitution and want to go back to it’s original intent but the first 10 Amendments are original and so too, unfortunately for them, are all the rest, as it was always the Founders’ intent that the Constitution should be modified to suit the needs of future generations. They did not feel so omniscient as apparently do our century’s conservatives. They’re nithings and this Heathen so names them.

  2. There is an aspect of this that you have not touched on. Russell Pearce (our Resident “hater”) is merely the figurehead of our Cult Mormon Legislature here in Arizona. Just like in CA with Prop 8, this is a MORMON driven campaign. Unfortunately in our recent election, the #GOP gained even more seats in order to support their Hate Campaign.
    The US is rapidly becoming a non-white majority country. So what? Why is that such a threat to these clowns?
    The Mormons have a stranglehold on Mesa – and are gradually putting these faith-based individuals into power in our state. Arizonans are notorious for voting against themselves (see McCain, John Insane) and (Kyl, Douchebag) – please note though, these people are NOT Mormons. The current Mormon infiltration has not yet penetrated our Senators.
    The #GOP has conducted a fear based campaign here in AZ for years. BE AFRAID of the brown people – that’s the mantra. Payback will be a wonderful karmic bitch.

  3. Basheert, I wasn’t aware of Mormon involvement, but I live in CA and saw what they did with Prop 8. I would love to discuss off-site. Their involvement bothers me greatly. You can contact me…please. I had a feeling some other group was behind the mess. My interest and anger are piqued. It is yet another example of Dominionists and Reconstructionists driving us toward a Theocracy. After that? A vicious Crusade and Inquisition and I’ve already been warned they’ll come for me first. Thank you for alerting us to this. It is appreciated more than you could know.

  4. Each time the word “immigrant” is used in this article it should be preceded by the word “illegal”. The proposal doesn’t affect legal immigrants, the proposal only affects illegal immigrants.

  5. So irresponsible and misinformed an author is he.
    Offers a title proclaiming “Republicans gear up….” yet offers up no names, just “it must be a Republican-inspired idea”.
    Proclaims SB 1070 “makes the failure to carry immigration documents a crime”, yet it is a federal law that requires documented immigrants to carry documents. State laws require everyone to be able to positively identify themselves. SB 1070 changed nothing but the Arizona state processes regarding contact with suspects. Key word, suspects.
    US Citizens have nothing to fear about being asked for ID and documented immigrants have nothing to hide.

  6. I hate to tell you but “birth” doesn’t mean what you think. I’m not for Arizona’s law by any stretch. It’s a back door method of political screening. Combined with Arizona’s stop and identify law that state is on the precipice of fascism.

    That bring’s me back to birth. You should go read Calvin’s Case. It’s cited by the Wong Kim Ark.
    Birth simply means registering into the dominion of the state. It doesn’t mean coming out of a woman. That word in legalese is “issue”.
    Birth certificates where first used to track slaves because that status was passed down by descent and they needed proof the children where slaves too.

  7. Vene does the phrase “”Papiere, Bitte!” ring a bell? Translation: “Papers, Please!” if you are too lazy or dumb to google it.

  8. US Citizens have everything to fear.

    Illegal immigrants do not wander around carrying signs that say “I am an illegal immigrant, please ask me for papers”.

    Citizen and non-citizen alike are affected by Arizona’s racist SB1070 law. If you are a citizen and you are caught not carrying papers that prove you are a citizen it is required that you be detained until you can prove your citizenship.

    And don’t even start on the argument that anyone not carrying papers is already breaking the law due to driver’s license requirements nor stop and identify laws.

    The Arizona law does not specify traffic stops, it specifies any stop for any legal reason. So you may not be driving a vehicle and may not be carrying your driver’s license.

    And the stop and identify laws do not require you to carry identification, they only require that you cooperate with police investigation and answer truthfully about your identity. You are not required to prove your identity on the spot.

    Stop trying to convert the United States, supposedly the land of the free, into the next Nazi or Stalin state where every citizen must carry papers and is continually harassed by a police state demanding papers.

  9. That was a lot of nonsensical rambling.

    “Birth” in the 14th amendment means exactly that, birth of a child. If you don’t believe it then go read the Congressional Globe debates from 1866 when the 14th amendment was thoroughly discussed and specifically the comments of the California representative Conness.

    And the Calvin Case from England in 1608 is also specifically about birth of a child not simply registration. The Calvin Case determined that a child born under the rule of England and in allegiance to England, even in the colonies, had every right of an English citizen.

    The only way the Calvin Case will help the racists who want to repeal the 14th amendment is the finding that children born to parents who are hostile to England would not have the rights of an English citizen. Now I realize that illegal immigrants have been defined as a hostile invasion so perhaps this is their plan but all I can say is good luck with that retarded argument.

    As far as birth certificates and slaves, I have no idea what you are alluding to.

  10. This is the US of A, the land of the free, no one should be required to show documentation, we are not Nazi Germany.

  11. Wow. Funny how you libs are always calling conservatives the “haters.”
    Ever look in the mirror? After reading reading your post it would be pretty easy to come to the conclusion that your are bigot. Look at your article again and everywhere it sayst the word “Mormon” replace it with the word “Jew.”
    And then compare that to news coming out of Germany in the early 1930’s.

  12. Ok even if they are wrong, don’t you think an amendment should be ratified to change this? After all, most of the liberal nations in Europe don’t do it our way…

  13. I just went to get a new driver’s license and had to show my “papers”
    When I cross the border from Canada I have to show my papers. When I enrolled my kids in school I had to my papers. When I get pulled over for a traffic violation I have to show my license.
    C’mon people. Get real.
    Maybe if you lived in a state that has the highest kidnapping rate in the country thanks to illegal immigrants you would be a little more sympathetic.
    If the feds were doing their job than maybe Arizona wouldn’t be forced to do things like pass this law.

  14. Wow. Funny how you libs are always calling conservatives the “haters.”
    Ever look in the mirror? After reading reading your post it would be pretty easy to come to the conclusion that your are bigot. Look at your article again and everywhere it sayst the word “Mormon” replace it with the word “Jew.”
    And then compare that to news coming out of Germany in the early 1930′s.

  15. today they came for the illegals and I did not worry for I am not illegal… Wake up Buddy… Republicans want complete control of your liberties.

    Their mantra is no eyes in the Boardroom; all eyes in the bedroom.

  16. This whole article is so dumb. If the author wants to be taken seriously maybe he should try writing the facts rather than trying to whip up the masses using hyperbole and propaganda. What has happened is that illegal immigrants have come to abuse the 14th amendment by having anchor babies. They sneak accross the border just in time to give birth so that they have one more foot hold in the country that they came into illegally. Some people who are sick and tired of seeing the 14th amendment abused this way are looking at ways of rectifying this situation in a constutionally sound way. They are not questioning the constinutionality of the constitution as the dumb title of this dumb article implies. They simply want to follow constitutional procedures to fix a problem, the same that has happened oh, 27 times or so. Yes, the constitution can be amended and amendments can be repealed with another amendment. Look at the 18th and 21st amendments.

  17. Ok, I’ll make you a deal: When conservatives make a distinction between “legal and illegal” impregnation as it pertains to abortion law, I’ll consider that distinction when it comes to who is a citizen.

  18. And maybe when they recognize the right of woman to have an abortion without being harassed and threatened, then we can consider their precious distinctions over who is a citizen and who isn’t.

  19. So what if it has the highest kidnapping rate? Maybe it has the highest rate of death by lightning strikes too. Useless facts and useful lies are being used to justify tyranny. But you’re so anxious to have some enemy to blame for your failure to find fulfillment in your life that you have to seek one out. Oh no! Those darkies are in our state! They look different than me so things must be their fault!

    Here’s a fact that is NOT useless: the population growth rate among existing citizens is not high enough to support and replace the baby boom retirees. We need those “illegals” in the labor force to keep our economy from shrinking further and to ever have a chance of paying our bills in the coming years.

  20. I like how you didn’t waste any time after accusing him of hyperbole and propaganda before regurgitating your own version of it.

    There is no immigrant problem. There is an assimilation problem. Put that it in your pipe and smoke it. The states that complain about how taxed their resources are with immigrants should grow a clue and start SUPPORTING efforts to make it easier to attain legal status. Because you know what will happen? If you stop deporting people, they’ll stop coming back into your border state all the time. If they don’t have to worry about being deported, they will be more likely to spread out into other states and be full participants in the economy at an earlier time. If you people were honest about not being racists and xenophobes, this should be enough to satisfy you.

    But this is common sense. Sorry if such things blow your mind.

  21. Testing the validity of the constitution in a conservative view is common.

    This is no surprise and they are just doing this because they are sour about NOT holding onto the oval office, to further whatever is it they are trying to do to america.
    I have yet to see a plan from the right, unless complaining counts, even having a majority in the coming year.

    I really feel that with the right having a majority, america is going BACK to the ways of PORK and excess. American arrogance Will reign in the coming year or so, so get ready.

    We are now in trouble again.

  22. Um… the “Mormon” church is composed of a majority of non-american people and is fastly reaching a majority non-white. Just FYI. :)

  23. Funny. Had we been looking backward–just a little bit–maybe they wouldn’t have sneaked in behind us again. Isn’t it weird that Democratic Presidents end up getting screwed by the very right wingers they refused to investigate. Happened to Clinton, happened to Obama.

  24. Brandon,

    If you see the big picture you would realize that we don’t need any more people in this country, and in the world for that matter. There is already too much competition for resources and much more is to come as we use them up. Your argument that we need more people to replace the baby bloomers is a valid argument, but when you look into it deeper you will realize we really don’t. There isn’t even enough work in this country for the people we have right now, look at unemployment for example. You could argue that they do jobs nobody else wants to do. Well, the reason US citizens don’t want to do them is because they are low pay and they can make more money doing nothing, market forces would fix that, but all the employers would have to be on a level playing field (eg. not exploiting illegal labor).

    As far as supporting social security, it seems the gov’t has no problem printing money as long as other countries continue to believe in its value. As long as our country remains stable we should be fine there. Bottom line is we don’t need any more people. The higher the population gets the lower the quality of life will be for the people here. Ever been to LA? Hours of traffic, higher prices for resources, lines, get treated like a number, etc….

  25. And the “illegal” part came about only when brown folks wanted (back?!) in.

    If you are of northern/western heritage, your ancestors couldn’t come here illegally; just drop in, work for 5 years, instant citizenship.

  26. You are right it is an assimilation issue. They refuse to be American. The reason the Italians and Irish assimilated was to not be beaten and to get jobs. So why can’t they do it? And you can keep them in you state, I don’t want them, I don’t need them. I don’t need the over crowding, the lack of English, and the gangs. And try to say I am a hateful person, I am not just honest. So you can keep them in your state and love them, and feed them and what ever else you want. Only send the ones who want to be American, learn the culture, and work hard at doing it the right way to me.

  27. You’re allegations are shockingly false. 1st, The LDS Church isn’t a cult, it has 13+Million members worldwide, with more outside the USA and non-white. The LDS Church affirms the doctrine in the bible that homosexuality is a sin, and there is against anything encouraging it. Your allegations are so retarded you must be related to Sarah Palin or Christine O Donald to even come up with the idea that Salt Lake City is behind this immigration legislation.

  28. mexicans have a nice deal to get into the united states…climb a fence…free medical care…yea. free education…yea, food stamps etc. yea. what about africans…i’m sure many of them would like to come to the united states…why don’t they ??? they have’nt got the money to get here. if we were fair and compassionate..we would send transport ships and cruise ships to bring them here free. what about the chinese, the bangladeshians..surely we have enough money in to treasury to feed , educate, medicate all of these people..just because we have thousands of miles of oceans, that should not impede us from doing the right thing. .why have’nt you thought about this al sharpton, jessie jackson,

  29. Greetings and Salutations…
    This movement needs serious thought, as it can have some long-reaching, unintended consequences. For example, it appears to me that if the 14th amendment is repealed, the ONLY way that a person will be able to become a citizen of the US is for them to pass the tests for residency, just like any other immigrant. I wonder how many of us (of either persuasion) would like to do THAT…or could successfully pass those tests? Also, this would ensure that, within the timespan of a few decades, it would no longer be possible to elect a president. After all, the requirement for being eligible for the office IS to be a “Natural Born Citizen”!
    On the positive side, it would certainly cut down on the number of folks that would be allowed to vote, and, hopefully would raise the average IQ of that voting population. Also, it would take care of the whole, annoying “Birther” argument that refuses to die.
    Be careful what you ask for…you MAY just get it!
    Pleasant dreams
    Dave Mundt

  30. The Republican’s new amendment isn’t to remove the 14th from the constitution, it’s to add a new line to The New Colossus by Emma Lazarus:

    Not like the brazen giant of Greek fame,
    With conquering limbs astride from land to land;
    Here at our sea-washed, sunset gates shall stand
    A mighty woman with a torch, whose flame
    Is the imprisoned lightning, and her name
    Mother of Exiles. From her beacon-hand
    Glows world-wide welcome; her mild eyes command
    The air-bridged harbor that twin cities frame.
    “Keep, ancient lands, your storied pomp!” cries she
    With silent lips. “Give me your tired, your poor,
    Your huddled masses yearning to breathe free,
    The wretched refuse of your teeming shore.
    Send these, the homeless, tempest-tost to me,
    I lift my lamp beside the golden door!”
    (Republican Amended line) … unless you’re Mexican.

  31. The sticking point comes into the “subject to the jurisdiction of” phrase.

    The SCOTUS revises the interpretations of the Constitution all the time, and even has written that it will uphold unconstitutional law in the name of the public good.

    It was called “progress” when the New Deal and the Interstate Commerce clauses were reinterpreted after 150 years. So, what’s wrong with progress, again?

  32. Yes, challenging the constitutionality of the constitution is a funny concept. Although, I would say that this is more a question of interpretation.

    “However, the 14th Amendment clearly says that “all persons born or naturalized…and subject to the jurisdiction” is a citizen. There is nothing unclear in the statement “all persons born…are citizens,” and the Republicans in Arizona know the Amendment is clear.”

    This is clearly a case of cherry picking. The key word here is “and.” An individual needs to fulfill both requirements. So the question becomes, are those who come here illegally subject to US jurisdiction? The government doesn’t seem to think the US constitution applies to illegal immigrants as evident with, for example, T. Don Hutto Family Residential Facility which is basically a concentration camp for illegals. What about trial by jury and due process? This shows the hypocrisy of government over anything else. Illegals are either subject to all our laws and to the protections found in the bill of rights, or they are subject to none of them.

  33. First gen Italians, Irish, Germans, etc. etc. did NOT assimilate. The first gen never does. Their children mostly do; their grandchildren were “American”.

    Why do you think we have so a many “little Italy” regions?!

  34. My ancestors did not speak English when they arrived. I have an ancestor who served in the Civil War for the Union. Is he less of an American than you because he spoke no English? He took bullets, did you?

  35. The big question is, would a repeal of the 14th Amendment be retroactive? Remember that the law of the land at the time was a Supreme Court decision in the Dred Scott vs Sanford in which the court ruled that neither blacks or their decedents could ever be citizens with Constitutional protection. It may well have been that proving racial purity would have been hard even in 1868, which may have prompted the passage as much as any love for the Negro or Reconstruction. How many of our “white” citizens could prove racial purity or legal immigration since the multiple waves of Europeans? What about the anchor babies from India, China, Russia and other countries today? Even if sanity prevails and the birthright rule is dropped and not retroactive, it will effect millions and more than Mexican illegals will logjam our legal system.

  36. Yes, the GOP seems to be a magnet for haters, racists, and any other un-American fringe. Rep. John Boehner recently said repeal is “worth considering.” It’s scary that voters put him third in line to the presidency and gave the Republicans control of congress. Next on the GOP agenda is to strip education investment and pressure the Obama administration to institute a “Territorial” tax system to remove all taxes on corporate offshore earnings. This is to create millions of jobs — offshore. The only birthright citizens will have will be ignorance and poverty. Prime sheep to be led to slaughter. God Bless America.

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