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The Fourteenth Amendment (Amendment XIV) to the
United States Constitution was adopted on July 9, 1868, as one of the
Reconstruction Amendments. Arguably one of the most consequential amendments
to this day, the amendment addresses citizenship rights and equal protection of
the laws and was proposed in response to issues related to
former slaves following the
American Civil War. The amendment was bitterly contested, particularly by
the states of the defeated
Confederacy, which were forced to ratify it in order to regain
representation in Congress. The amendment, particularly its first section, is
one of the most litigated parts of the Constitution, forming the basis for
landmark decisions such as
Brown v. Board of Education (1954) regarding racial segregation,
Roe v.
Wade (1973) regarding abortion,
Bush
v. Gore (2000) regarding the
2000 presidential election, and
Obergefell v. Hodges (2015) regarding same-sex marriage. The amendment
limits the actions of all state and local officials, including those
acting
on behalf of such an official.
The amendment's first section includes several clauses: the
Citizenship Clause,
Privileges or Immunities Clause,
Due Process Clause, and
Equal Protection Clause. The Citizenship Clause provides a broad definition
of citizenship, nullifying the
Supreme Court's decision in
Dred Scott v. Sandford (1857), which had held that Americans descended
from African slaves could not be citizens of the United States. Since the
Slaughter-House Cases (1873), the Privileges or Immunities Clause has
been interpreted to do very little.
The Due Process Clause prohibits state and local governments from depriving
persons of life, liberty, or property without a fair procedure. The Supreme
Court has ruled this clause makes most of the
Bill of Rights as
applicable to the states as it is to the federal government, as well as to
recognize
substantive and
procedural requirements that state laws must satisfy. The Equal Protection
Clause requires each state to provide equal protection under the law to all
people, including all non-citizens, within its
jurisdiction. This clause has been the basis for many decisions rejecting
irrational or unnecessary discrimination against people belonging to various
groups.
The second, third, and fourth sections of the amendment are seldom litigated.
However, the second section's reference to "rebellion, or other crime" has been
invoked as a constitutional ground for
felony disenfranchisement. The fourth section was held, in
Perry v. United States (1935), to prohibit a current Congress from
abrogating a contract of debt incurred by a prior Congress. The fifth section
gives Congress the power to enforce the amendment's provisions by "appropriate
legislation"; however, under
City of Boerne v. Flores (1997), this power may not be used to
contradict a Supreme Court decision interpreting the amendment.
https://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution
-- 2018 --
October 30:
Fact Check: 14th Amendment On Citizenship Cannot Be Overridden By Executive
Order
In an
interview with Axios, published Tuesday, the president said he wants to end
the automatic right to citizenship for babies born in the U.S. to noncitizens.
"You can definitely do it with an act of Congress," Trump said in the Axios
interview. "But now they're saying I can do it just with an executive order."
The 14th Amendment holds that "all persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of the United
States." Most legal scholars take that as an explicit protection of birthright
citizenship — and think it will take much more than an executive order to change
that.
https://www.npr.org/2018/10/30/662335612/legal-scholars-say-14th-amendment-doubt-trump-can-end-birthright-citizenship-wit
October 30:
President Donald Trump may have met his match Tuesday: the
14th Amendment to the U.S. 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," the 1868 amendment begins.
"It's ridiculous," Trump said 150 years later, on the eve of midterm
elections that could erode his power, perhaps for the rest of his presidency.
"And it has to end."
So began the 45th president's latest legal, policy and political battle, neatly
contained in a history lesson dating to Reconstruction.
As the administration vowed to block a
migrant caravan heading toward the southern border and delay a trial next
week on its plan to ask about citizenship on the
2020 Census, Trump turned his focus on generations of American-born
citizens.
https://www.usatoday.com/story/news/politics/2018/10/30/donald-trump-birthright-citizenship-constitution-14th-amendment/1818311002/
October 30:
What Is the 14th Amendment, and Will It Stop Trump From Ending Birthright
Citizenship?
https://www.newsweek.com/what-14th-amendment-trump-ending-birthright-citizenship-1193397
October 30:
Trump has 'zero authority' to end birthright citizenship, and this is a 'Hail
Mary' a week before the midterms, legal experts say
In an interview with "Axios on HBO" published Tuesday morning, Trump called the
concept of birthright citizenship "ridiculous" and said it "has to end."
"We're the only country in the world where a person comes in and has a baby, and
the baby is essentially a citizen of the United States ... with all of those
benefits," Trump said, falsely —
more than 30 countries have laws providing for birthright citizenship.
... it would be "virtually impossible" to amend the Constitution in today's
political climate. Changing an amendment requires either a two-thirds majority
vote in both the House of Representatives and the Senate or a constitutional
convention called for by two-thirds of state legislatures.
If Trump issues an executive order to end birthright citizenship "there will be
lawsuits from all over the country over equal protection," ...
"This is a blatantly unconstitutional attempt to fan the
flames of anti-immigrant hatred in the days ahead of the midterms," the American
Civil Liberties Union tweeted Tuesday. "The 14th Amendment's citizenship
guarantee is clear."
https://www.businessinsider.com/trump-birthright-citizenship-14th-amendment-experts-2018-10
October 31:
Trump Sheds Light on His Legal Rationale for Ending Birthright Citizenship
A 1952 law codifying the 14th Amendment adds a major major hurdle, however
President Donald Trump on Wednesday signaled that his belief he can legally end
U.S. citizenship for children born here is based on the interpretation of five
words written in 1868.
Democrats say the president is merely threatening to sign — as soon as this week
— an executive order to end what’s called “birthright citizenship” as another
way to energize his conservative base before Tuesday’s midterm elections. Such
an order would surely prompt an immediate court challenge.
Trump and his Republican allies, like Sen.
Lindsey Graham of South Carolina, see
automatic citizenship as a “magnet,” in Graham’s words, for undocumented
migrants to get onto American soil and establish legal roots via an infant
child. End birthright citizenship, Trump and his allies say, and illegal
immigration rates will plummet.
https://www.rollcall.com/news/politics/trump-sheds-light-legal-rationale-ending-birthright-citizenship
November 1:
Less than a week before Election Day, President Donald Trump has thrust the 14th
Amendment — and its promise of citizenship to anyone born in the United States —
into a mid-term election issue. But congressional members, including some North
Carolina Republicans, have signed onto legislation to limit birthright
citizenship long before Trump’s tweets.
Five North Carolina Republicans were co-sponsors on bills in 2015 and 2017 to
more narrowly define who the 14th Amendment would apply to. Rep. Steve King,
R-Iowa, introduced the legislation.
https://www.newsobserver.com/news/politics-government/article220915465.html
November 1:
Trump can’t strike 14th Amendment with his pen
Trump’s move to end birthright citizenship contradicts his Supreme Court
nominations of ‘originalists.’
In an interview for “Axios on HBO,” President Trump announced he will sign an
executive order ending birthright citizenship. When challenged on the
constitutionality of doing this by executive order, Trump replied:
“You can definitely do it with an act of Congress. But now they’re saying I can
do it just with an executive order.”
This is simply untrue. The 14th Amendment — which declares, “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” — cannot be
changed by executive order, or even by an act of Congress. It would require a
constitutional amendment.
https://www.heraldnet.com/opinion/thiessen-trump-cant-strike-14th-amendment-with-his-pen/
November 2:
Trump slams 14th Amendment at rally
President Donald Trump slammed the constitutionally protected provision of
birthright citizenship as a "crazy, lunatic policy" while speaking at a rally in
Columbia, Missouri.
https://www.cnn.com/videos/politics/2018/11/02/trump-birthright-constitutional-amendment-missouri-rally-vpx.cnn
November 3:
The 14th amendment to the constitution confirms that all Americans are born
equal. One immigrant-hating lover of dictators cannot change that with a simple
stroke of his pen
Trump’s proposal reveals that he does not understand our constitution, or the
deeper values behind it.
After
the civil war, Congress sought to grant full citizenship to African
Americans, who had been denied it under the
Dred Scott
supreme court decision. Yet when it passed the 14th amendment in 1868,
Congress went further. It wrote a rule making it clear that any person,
regardless of ethnicity or national origin, had a right to citizenship upon
being born in the US.
The relevant portion of the 14th amendment
reads: “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.” The phrase about jurisdiction was meant to exclude the
children of ambassadors and tribal Native Americans, who until 1924 were
regarded as citizens of separate sovereign nations.
These words about birthright citizenship reflect the wider values of the 14th
amendment, which also guarantees “equal protection of the laws” for all persons.
Together with the constitution’s ban on royal titles in Article I, Section 9,
the document stands for the idea that the US does not condone hereditary
hierarchy – or any legal distinction based on birth or parentage, ideas
associated with aristocratic societies. In the US, everyone starts on the same
plane.
https://www.theguardian.com/commentisfree/2018/nov/03/donald-trump-birthright-citizenship-14th-amendment-constitution
-- 2019 --
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