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McConnell Calls For Hearings To Change Birthright Citizenship


Senate Minority Leader Mitch McConnell (R-KY)

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Senate Minority Leader Mitch McConnell (R-KY) is now adding his voice to those Republicans flirting with an attempted repeal of birthright citizenship for the U.S.-born children of parents who are illegal immigrants -- by far the highest-level endorsement yet from the party establishment. Although McConnell did not take a firm position on the issue, he nevertheless seemed to paint this as a widespread, consensus belief: "I don't think anybody thinks that's something they're comfortable with," he said of the status quo, guaranteed by the 14th Amendment, in which anyone born in the U.S. automatically becomes a citizen, regardless of their parents' immigration status.

McConnell's office told Sam Stein on Monday that McConnell believes "we should hold hearings" on the subject, which has been much discussed on the right.

In a follow-up interview with The Hill, McConnell elaborated. "I think we ought to take a look at it -- hold hearings, listen to the experts on it," McConnell said. "I haven't made a final decision about it, but that's something that we clearly need to look at. Regardless of how you feel about the various aspects of immigration reform, I don't think anybody thinks that's something they're comfortable with."

McConnell's remarks follow an appearance this past Sunday on Face The Nation by Senate Minority Whip Jon Kyl (R-AZ), who said that there should be hearings on the topic:

HARRY SMITH: There is a movement afoot to rescind the law that makes anyone born in the United States a U.S. citizen, specifically aimed at the children of illegal immigrants. Do you support that?

SENATOR JON KYL: Well, actually this is a constitutional provision in the 14th Amendment that has been interpreted to provide that if you are born in the United States, you are a citizen, no matter what.

HARRY SMITH: Mm-Hm.

SENATOR JON KYL: Now, there are limitations on that, for example, for the children of diplomats and so on. And so the question is if both parents are here illegally, should there be a reward for their illegal behavior? And what I suggested to-- my colleague Lindsey Graham from South Carolina suggested that we pursue that. And what I suggested to him was that we should hold some hearings and hear first from the constitutional experts to at least tell us what the state of the law on that proposition is.

Birthright citizenship, a right based in the 14th Amendment and further elaborated on in court decisions in the late 19th century, was intended in part to guarantee citizenship for freed slaves and otherwise secure legal equality: "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." Without the concept of birthright citizenship, it is possible for someone to be born without having citizenship in any country at all. Experts have told TPM that any plans to change that right are "clearly unconstitutional."

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August 3, 2010 9:50 AM   

Anyone remember "The Simpsons" episodes where the town demands bear patrols, and after that bankrupts Springfield, Mayor Quimby blames the city's finances on illegal immigrants and the deport them? Instead of a bear tax, it's somehow the illegal immigrant migrant workers or maids are taking "middle class" jobs.

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August 3, 2010 9:52 AM   

We have so many important issues to address - the economy, the wars, global warming/climate change. Immigration is such a non-issue. Illegal immigrants are being demonized without basis. They don't adversely affect wages in the US to a significant degree, and crime appears to drop in areas with notable illegal immigration populations. We are blaming them for our woes, and it will end up diverting a lot of money and energy without a good return unless the outraged screaming is moderated.

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August 3, 2010 9:57 AM    in reply to FellowAmerican

The GOP has no ideas and had to find a new wedge issue and boogieman to focus on. The angry New Black Panther(s), evil Muslims and job stealing immigrants fit the bill.

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August 3, 2010 9:58 AM   

The GOP has no answers to the real problems we face, so they're going to settle for ginning up their base with racism.

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August 3, 2010 10:28 AM    in reply to susanthe

Exactly. Scare whitey and the stupids. They have nothing of real substance to run on since you know everyone is calling them out on the Tax Cut bullshit, I mean if even Fox is calling them out, they

Whats left for them? Again Scare Whitey and the stupids, who happen to be one and the same half the time, with bigotry and intolerance.

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August 3, 2010 10:06 AM   

"Without the concept of birthright citizenship, it is possible for someone to be born without having citizenship in any country at all."
This seems to be a poorly thought through sentence. Birthright citizenship is not a right in all nations so is the world full of babies without citizenship? A bit of research would how that when foreign nationals have children outside their home country, they must simply apply for a baby's citizenship according to relevant laws. Other nations have modified their birthright citizenship laws. That in the US it falls under an amendment makes the legality more difficult to update.

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August 3, 2010 12:25 PM    in reply to Potomacker

they would be a citizen of the country of their parents, or either parent. They wouldn't be floating around without a national identity.

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August 3, 2010 4:58 PM    in reply to jonez

And what if the parents are BOTH floating around with no nationality - because apparently THEIR parents did not have citizenship in any country? And BTW, this is not as abstract as it seems because there are tribes around the world (in the Amazon, in the Sahara desert, etc.) that do not have citizenship in any country...

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August 3, 2010 10:07 AM   

It is incredible the manic egos and conceit these idiotic senators have to even think they are intelligent enough to overide men such as Jefferson, Franklin, Adams, Washington, Jay, Madison, Hamilton, et al. Ammendments are meant to be for the common good, not to satisfy a bigoted small minded group! There have been too many suggestions to bastardize the Constitution in the Senate already. They are sworn to protect the Constitution not screw with it!

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August 3, 2010 10:11 AM   

Curiouser and curiouser...

Is anyone confused by the lack of conservatism in the GOP? A true conservative would never discard 150 years of law and tradition for political purposes. It's just mind-bending.

And even though they claim they just want to close the illegal immigrant 'loophole', the result will be the creation of a shadow culture, enslaved by economic shackles, encouraged by the business owners who will exploit cheap labor. Not a vision of America I want to embrace.

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August 3, 2010 10:11 AM   

Perhaps we should have hearings into the citizenship status of anyone, especially Senators and Congressmen, who's ancestors fought for the Confederacy. That being an act of treason, would have resulted in revocation of citizenship, which, if they insist on repeal of the 14th amendment, would result in loss of citizenship for them. And a vast improvement in the quality of our Congress.

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August 3, 2010 10:23 AM   

Notice the GOP/Tea Party mantra: "We hold the constitution and our laws as the bedrock of our society that must be strictly adhered too..... unless they stand in the way of our agenda and then we should ignore them."

So they yell and scream how things like our new health care law, financial regulations, stimulus, etc, etc are against the constitution. Yet on the other hand, they're ok with ignoring people's 1st amendment rights, want to rescind the 14th and 17th amendments, and want to write state laws to ignore government laws ignoring the supremacy and commerce clauses of the federal constitution.

Can anyone say hypocrisy?

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August 3, 2010 10:40 AM   

this is typical Republican election-season demagoguery.. for those who are old enough to remember, ;-) this is the Willie Horton/Lee Atwater approach to campaigning.. so Reps want "hearings" in Congress to determine "whether the US Constitution grants citizenship to every person born in the United States.." PLEASE... only in Republican minds can this be a debate.. those goons are wasting their time, Amendments to the Constitution are notoriously hard to pass (fortunately), and to change this particular Constitutional aspect would require nothing short of an amendment...

this is the only way Republicans can win elections anymore: demagoguery and fear-mongering.. whipping up paranoia among racists and rednecks (which works particularly well in a down economy -- since they have no sensible policies to offer for the economy they offer classic demagoguery and scapegoating instead.. they never really abandoned the "Southern strategy...") I can't understand why anyone in this country but the rich, the gun wackos, and the religious fanatics would ever vote for these backward, primitive-thinking demagogues and rabble rousers, who could never win elections in any other modern democracy in the world...

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August 3, 2010 10:54 AM   

BUT IF WE DON'T DO THIS THEY WILL BEHEAD ME IN THE DESERT!

Jan Brewer said so and her cajones don't lie.

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August 3, 2010 11:01 AM   

The apotheosis of the Southern Strategy.

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August 3, 2010 11:01 AM   

The 14th Amend. doesn't say anything about immigration status. The case interpreting the 14th Amendment citizenship clause is United States v. Wong Kim Ark, 169 U.S. 649 (1898). In this case Wong was born in SF, CA in 1873 of Chinese immigrant parents. He left the US in 1895 to visit China and when he returned later was denied entry into the US, although he had conducted a similar visit in 1890 and had been re-admitted to the US. The SCOTUS ruled in Wong that he was a citizen of the USA (under the birth clause of the 14th Amend.) and had to be re-admitted to the USA.
There are two important facts to consider not addressed by the Court. 1) During the settlement of the colonies, immigrants arrived freely, limited only by the cost of travel, diseases, and the harsh environment found in the colonies. In the years before the American Revolution, immigrants came to the colonies from England, France, Germany and Holland. Immigration was still favored after the revolution because the colonies needed more people for labor and development. It is important to note that extensive federal legislation dealing with immigration was not enacted for some time later. Unrestricted immigration was still desirable as a means for obtaining labor and achieving growth as a nation. Discontent with an open immigration policy increased with the tremendous rate of immigration and with the change in the composition of immigrants. Between 1820 and 1880, political and economic conditions brought millions of Irish immigrants to the United States. German Catholic immigrants also came during the 1840s. Later Italians and east Europeans arrived in equally substantial numbers. American society did not accept these mostly Catholic immigrants, and movements to limit immigration began to form. However, laws excluding classes of people did not appear until the 1870's and 1880's, with the Chinese (and Asians) the main target. Therefore the concept of "illegal" was a relatively new concept in the late 19th century. One final point to note is that former slaves were here "legally" however reluctantly.
2) Thus, Wong was born of parents LEGALLY in this country in 1873. It was not until 1875 (Page Act) that the US started to EXCLUDE some potential immigrants. The law classified as undesirable any individual from China who was coming to America to be a contract laborer, any Asian woman who would engage in prostitution, and all people considered to be convicts in their own country. In 1882 Congress passed the Chinese Exclusion Act. The Act was the 1st significant restriction on free immigration in U.S. history. The Act excluded Chinese "skilled and unskilled laborers and Chinese employed in mining" from entering the country for ten years under penalty of imprisonment and deportation. The few Chinese non-laborers who wished to immigrate had to obtain certification from the Chinese government that they were qualified to immigrate, which was difficult or impossible to obtain.
Thus, SCOTUS NEVER addressed the question of citizenship for those in the country ILLEGALLY. A Constitutional challenge to the 14th Amendment to address illegal immigrants is NOT out of the question, and certainly the citizenship clause is not black letter law in this regard. However, I would be quite surprised if SCOTUS would rule this way if presented the opportunity. At the same time it is not beyond the realm of possibility with the current conservative activist make-up of the Court.

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August 3, 2010 11:54 AM    in reply to Avvocato

Clearly, you got your J.D. from the Orly Taitz School of Konstatootional Law.

"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."

What part of that is it you don't understand?

There's no ambiguity there. None, zero, zip, nada. In the real world, real lawyers and real judges who went to real law schools and passed real bar exams (and aren't half-crazed imbeciles) understand in the absence of ambiguity, words in a statute or constitutional provision mean what they say, not what some assmunch with a political agenda wants them to mean. Even under the "Originalist" theory promoted by the Federalist Society types and practiced by Justices Scalito, resort to extrinsic material such as legislative or contextual history is only relevant when there is some ambiguity in the legislative or Constitutional text itself, as applied to the facts at hand.

In the absence of an ambiguity, all the history in the world (even accepting your half-assed teanut history as true) is irrelevant.

And the burden is on the party advocating resort to extrinsic matter to identify the ambiguity.

So, where, exactly, in the actual text of the citizenship clause of the 14th Amendment do you find some ambiguity relevant to the question of whether a child born of illegals on U.S. soil is a citizen such that your little history rant is material? Certainly it's not in the part about "subject to the jurisdiction thereof." If the child is in the U.S. at the time of it's birth, the child and its parents are subject to the jurisdiction of the United States. "Jurisdiction," as used in this sentence, means "subject to laws," i.e. required to obey them and subject to arrest or civil suit if they are disobeyed. If the parents weren't subject to the jurisdiction of the U.S. the U.S. wouldn't have legal authority to deport them.

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August 3, 2010 12:11 PM    in reply to The Commenter Formerly Known as NCSteve

Not only that, but if you actually read the Ark case and the majority opinion instead of just the Cliff's Notes version you find that the SCOTUS did, in fact, address the broader issue of birthright citizenship. They held that the original framers' intent was to be consistent with English common law of the time in with anyone born on English soil and subject to the authority of the King was a British subject. The similarity between this and the actual language of the 14th Amendment is not accidental. The court also held that the purpose of the 14th Amendment was to extend citizenship, not to limit it, and so there is no basis in law for interpreting it more narrowly.

There may be good arguments for changing the provisions of the 14th Amendment. I don't necessarily agree with them, but it's a reasonable subject for debate. What's not debatable is the settled law of the land on birthright citizenship. This is nothing but red meat for the crazies.

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August 3, 2010 12:55 PM    in reply to The Commenter Formerly Known as NCSteve

I guess "All" is difficult to understand when you want to slice the Constitution up for temporary partisan gain.

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August 3, 2010 2:06 PM    in reply to Morbo

Well, not to go all serious and stuff, but the key word of contention here is not "All".
No, the real issue, one that Christ of Nazareth(IANACJRAOIAUUC) purportedly had trenchant things to say about, is the definition of "person".

Some insist that brown people can be considered "persons", in the context of the Constitution - others disagree.

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August 3, 2010 1:36 PM    in reply to The Commenter Formerly Known as NCSteve

What part of that is it you don't understand?

"Where the white women at?"

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August 3, 2010 5:34 PM    in reply to The Commenter Formerly Known as NCSteve

The 14th Amend. it can be argued requires one to be here legally in order to obtain citizenship by birth. You cannot read documents literally.
Further language in Wong recognizes this with the following dicta:

“Chinese persons, born out of the United States, remaining subjects of the Emperor of China, and not having become citizens of the United States, are entitled to the protection of, and owe allegiance to, the United States so long as they are permitted by the United States to reside here, and are " subject to the jurisdiction thereof" in the same sense as all other aliens residing in the United States. Yick Wo v. Hopkins (1886), 118 U. S. 356; Law Ow Bew v. United States 144 U. S. 47, 144 U. S. 61, 144 U. S. 62; Fong Yue Ting v. United States (1893), 149 U. S. 698, 149 U. S. 724; Lem Moon Sing v. United States (1893), 158 U. S. 538, 158 U. S. 547; Wong Wing v. United States (1896), 163 U. S. 228, 163 U. S. 238.”

The key point here is that in order to be entitled to protection of the gov’t you must be permitted by the US to reside here, i.e be legally here.

Then they also note that in America:

“’Nothing is better settled at the common law than the doctrine that the children, even of aliens, born in a country while the parents are resident there under the protection of the government and owing a temporary allegiance thereto, are subjects by birth."_ 3 Pet. 28 U. S. 164. Inglis v. Sailors' Snug Harbor (1833), 3 Pet. 99”

Putting the 2 together appears to mean than children can be citizens IF the parents are resident there under the protection of the government and owing a temporary allegiance to USA, and that protection is due you (only) IF you are permitted to reside here. Thus it can be argued that children of those not here legally are NOT entitled to citizenship.

The problem with English common law is that until modern times immigration of any type was not illegal (note the intentional double negative), thus the question of birth-acquired citizenship was always addressed in the context of “legal” / permitted immigration or domicile.

I am not advocating such an interpretaion, just saying that there is room for such an argument, especially before the activist Robert's Court ... very scary.

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August 3, 2010 11:14 AM   

Great idea, but only if we amend the Constitution so we can go back and revoke the citizenship of everyone who had at least one ancestor who was an undocumented immigrant...which will leave a bunch of native Americans, millions of African Americans, and three hundred million illegal immigrants.

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August 3, 2010 11:17 AM   

Sigh, why do the democrats let the minority party call the shots?

Is it the media?

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August 3, 2010 11:32 AM   

Put your money where your mouths are, you spineless bastards, and suggest this be retroactive - I dare you.

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August 3, 2010 11:39 AM   

So the calculation is ... fueling a resurgent, emboldened racism/xenophobia among the white majority is worth the price of permanently alienating all non-white/first-generation immigrants, etc.? Putting aside how revolting this is morally, I don't think that's a wise political calculation for the GOP. Maybe worth a couple extra seats in Nov 2012, but the Republican party will live in infamy for much of the population (and their children).

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August 3, 2010 11:46 AM   

I agree with Mitch McConnell, we should start Senate hearings into the alleged war crimes committed by GWB and Dick Cheney. This is an important action for the Senate to investigate.

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August 3, 2010 11:55 AM   

Immigration Reform is the new Gay Marriage issue for the Republican party; just putting a smiley face on hate and anger.

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August 3, 2010 12:30 PM   

Nobody in the commentariat seems to have really grasped the full scope of the Republican meta-narrative for 2010. Scary "Black Panther" men and unmarried welfare queens who need Big Brother to take care of them. Illegal aliens. Islam=dangerous terrorist cult, not a real religion at all, like Christianity is. And all these people need to be deprived of their rights ASAP because, as one of our great legal thinkers so memorably put it, "they ha[ve] no rights a white man is bound to respect."

It all boils down to an effort to convince middle and working class white voters, 2/3 of whom are regular Republican voters, that all the shitty stuff that's happened to them since 2000--the 2,000+ dollar average real income decline they suffered during the Bush "boom," the collapse of their home value which they used as an ATM to offset the income decline or stagnation, the job losses after the meltdown that occurred even as the people most responsible for it fattened themselves at the taxpayer's teat--is the fault of scary brown people.

It's not because of a catastrophic tax, trade and fiscal policy that is deliberately and systematically designed to redistribute wealth from the bottom 90% to the top 10% (and, mostly the top 1 or 2%). It's not because the GOP's constant slashing the top marginal rates income and inheritance tax rates gave the Sam Waltons' of the world an incentive to take advantage of globalization to transfer jobs to China and put the difference between what they used to pay American workers and what they now pay for psuedo-slave labor in China in their gigantic pockets.

No, it's not because the people who run the Republican and Tea Parties are bloodsucking parasites who you've been eagerly letting bleed you, well, white, for the last thirty years. No, that's all just conspiracy minded nonsense.

No, clearly, its because the country is being invaded, yea, infested even with smelly, ignorant, violent brown people who are here to steal what you've got, kill you and, most likely, rape your little white daughters.

The most pathetic thing about how well it's working is that it's the oldest con in the book, run by bloodsucking elites of greater and lesser malignancy throughout history.

They run the scam because it works and it works because of an unfortunate little quirk in our DNA that makes us hostile and suspicious when we encounter "other." Worked out great for us when we were busy fighting off competitors for our hunter gatherer territories, and, probably, exterminating the Neanderthals and, possibly, the last lingering traces of Homo Erectus, but is rather problematic now that we're "civilized."

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August 3, 2010 5:12 PM    in reply to The Commenter Formerly Known as NCSteve

Yep, you are spot on about the Repubs and the Tea-partiers. The only thing I would add is that they are doing all this BS in order to energize their base - they seem to think that they can win in November by increasing the enthusiasm gap between their base and the Dem base.

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August 3, 2010 12:40 PM   

What part of CONSERVE don't these idiots get?

They are comparable to what I call convenient Christianity. These fools are convenient conservatives, meaning they're only conservatives when it fits their pocket books.

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August 3, 2010 1:46 PM   

I would love to see the Democratic party step aside and let the GOP run with this meme. By all means, let's have this national conversation and show just how closely regarded the Constitution is with this bunch. "Oh, we like and defend the Constitution, we just want to undo *this* part right here." I hope they can bring it to a vote so they can be on record exposing themselves an deconstitutionalists (I think I just made that up). Then, the Dems can play the role of spoiler when they vote not just NO, but NO FUCKING WAY.

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August 3, 2010 2:28 PM   

Perhaps in about fifty more years, when the hispanic voters outnumber the non hispanic voters two to one, they can become nostalgic rings banning pure white folks from even gathering...

We've already isolated ourselves from the rest of the civilized world with our uncivilized behaviior and war mongering, we might just as well complete the task and isolate ourself from each other...

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August 3, 2010 2:30 PM   

And while we're at it, let's translate the 2nd amendment as a complete sentence in these hearings.

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August 3, 2010 4:56 PM   

Can you say "political suicide?" That's EXACTLY what the GOP will have committed if they go ahead with their attempt to alter the Fourteenth Amendment.

In the first place, there's NO WAY IN HELL that they'll get the two-thirds majorities is both houses of Congress required to pass the damn thing. It would almost certainly be blocked in the Senate by a Democratic filibuster.

Secondly, the racism that is motivating the move to push for this thing is so transparent that one can only wonder how much longer it will be before Maine Senators Susan Collins and Olympia Snowe quit the GOP. I can't imagine their wanting to have anything to do with this.

Third, this is clearly a last-ditch, anti-Latino attempt to postpone the inevitable: The white population's loss of majority status in this country -- and with it, their power and privilege -- by the middle of this century, as the Latino birth rate continues to grow and ALREADY has outstripped the white birth rate, according to the Census Bureau.

Fourth, messing with the 14th Amendment will constitute the final, absolute betrayal of the principles that the Party of Lincoln was founded upon in 1854, for it was the Republicans who passed the 14th Amendment in the first place when they controlled Congress in the post-Civil War reconstruction period, to bestow full citizenship rights to the emancipated slaves and their descendants.

Not to mention the ultimate slap in the face to its first black national chairman, Michael Steele. But that's beside the point.

Bottom line: Mess with the 14th Amendment, Republicans, and I can guaran-damn-tee you that you'll never become the majority party ever again, for you will have forever alienated every American who isn't white and every white American who believes in liberty, equality and justice for all.

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August 3, 2010 5:19 PM    in reply to SkeeterVT

I would not say this was "political suicide" by Mitch McC. It was just "plain stupid" - even if it was suggested by some political consultant as a sure way to energize the base.

If the Repubs are serious about undoing the 14th amendment, they have a FAR, FAR better way of doing so - namely, putting a case before the Roberts court and let Scalia do the dirty work. IMHO, Harry Reid should call their bluff and agree to hold hearings on repealing the 14th amendment. This would be tremendously entertaining!

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August 3, 2010 9:23 PM   

Their is a massive loophole that nobody has foreseen, in the growing controversial issue of birthright citizenship for the children of illegal aliens. This has become a giant out of proportion costly " Anchor Baby" racket. So by law the child can get a recorded birth certificate, but that doesn't mean you--CANNOT DEPORT THE ILLEGAL PARENTS OR PARENT. They are still illegal and can be sent on their way? No way are they are going to leave that child behind, so until that child is old enough or their is a guardian in America, that infant parents will not be draining the public welfare system. By law the illegal pregnant Mother cannot be turned away from hospitals because the law requires that they be treated. All uninsured people, regardless of citizenship, receive medical treatment in hospital emergency rooms under the Emergency Medical Treatment and Active Labor Act of 1985 (EMTALA).

But afterwards the Mother can be sent on her way, which will save taxpayers billions in dollars that taxpayers can least afford. All the undisclosed costs such as low income housing (Section 8), Wic, Tanf, state medical care, food stamps, education and other programs. In 2006 this was a $6 billion dollar "legal flimflam" unfairly supported by US taxpayers. Every state now has been overwhelmed with illegal aliens and its a lie to say their are only 12 million people without documentation. By law the American people may be forced by the misinterpretation of the 14th amendment, but at least the the taxpayers may not have to subsidies the world in citizens and legal resident entitlements. In addition, with the illegal aliens deported and out-of-the country, Americans will not be paying for all the other babies these women have? UNLESS OF COURSE THE PREGNANT MOTHER MANAGES TO SLIP THROUGH THE UNDERMANNED BORDER FENCE AND THEN THE WHOLE CYCLE STARTS AGAIN. Discover the massive costs by looking up the statistics under "ANCHOR BABIES COSTS" on the web.

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