Skip to comments.GOP Leader McConnell: Fourteenth Amendment is in Need of Review
Posted on 08/03/2010 8:17:59 AM PDT by lbryce
Senate Minority Leader Mitch McConnell (R-Ky.) told The Hill on Monday that Congress ought to take a look at changing the 14th Amendment, which gives the children of illegal immigrants a right to U.S. citizenship.
McConnells statement signals growing support within the GOP for the controversial idea, which has also recently been touted by Senate Minority Whip Jon Kyl (R-Ariz.) and Sen. Lindsey Graham (R-S.C.).
In an interview, McConnell said the 14th Amendment provision should be reconsidered in light of the countrys immigration problem.
McConnell stopped short of echoing Grahams call for repeal of the amendment.
I think we ought to take a look at it hold hearings, listen to the experts on it, McConnell said. I havent made a final decision about it, but thats something that we clearly need to look at. Regardless of how you feel about the various aspects of immigration reform, I dont think anybody thinks thats something theyre comfortable with.
During an interview on CBSs Face the Nation on Sunday, Kyl said, There 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. And so the question is, if both parents are here illegally, should there be a reward for their illegal behavior?
Kyl added that he suggested to Graham 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.
It is unclear when such hearings would occur. Democrats, who control the Senate, set the chambers hearing schedule.
(Excerpt) Read more at thehill.com ...
Of course, it is without exception being reported as “wanting to change the 14th Amendment”, no doubt to instill that very thought — “amend the Constitution!? he’s crazy!” — in the audience.
I seriously doubt the framers of the 14th intended for it to be misread the way it is today, and to grant citizenship to children of aliens, with no ties to this nation.
All it takes is the Congress to draft a Constitutional amendment and offer it on the floor to bring about a Convention. Unfortunately, these are not the right times to open up the Constitution to liberal/progressive changes. The asshats in the early 20th century did enough damage!
I’m already hearing a lot of spin that in addition to slaves, the Congressional debate at the time also concerned Irish and Chinese immigrants. NOW they want “original intent”, huh!
“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 “and subject to the jurisdiction thereof” do these people fail to understand. Applying the 14th to freed slaves was appropriate. Twisting the ruling to create anchor babies was not.
Ya think! Does it really require hearings by "constitutional experts" to come to this conclusion? It's flat-assed wrong...period...end of hearings...end of discussion.
Mark Levin says the 14th in no way says any baby born here is a citizen.
Mr. Levin should be nominated instead of Kagan-!!!
There is no need to change anything. There is a need to have hearings to clarify that nobody born to illegals is automatically a citizen. Especially when it involves Kenyans....
There is NO NEED to amend the Constitution. Congress only has to pass appropriate legislation to make the problem of anchor babies disappear. All it takes is reading the Constitution, a task that some Congressmen and many reporters are unable to do.
John / Billybob
How about just repeal it...Since there are not a lot of elected officals anywhere that understand the true intent of the Amendment...
I’m ok with just tossing it up on the trash heap of abuses this government continues to throw onto the people...
Just my opinion...
It’s a con job on Republicans and Americans in general, a way to push another amnesty scam that will make the anchor baby issue moot. The GOP has bought the ridiculous premise that continuing to play the amnesty game will somehow cause Hispanics to abandon the Democratic Party, and become the new backbone of the Republican Party. Yes, it is idiotic, contrary to all evidence, but that is their spiel. Don’t buy this con job about anchor babies unless it comes with a determination to stop with the amnesty programs, seal the borders, and crack down on the employers of illegals. Graham is nothing but an aisle crossing slut.
I think the article (deliberately?) misquotes McConnell. Note that the direct quote does not include the money-word “changing”.
What’s really controversial? The concept that someone can come here illegally, jump across the border, have a child, and that child will be a full American citizen. That doesn’t even make sense, and it’s a distortion of the 14th. Foreign diplomats are guests who come here legally, but their children don’t become citizens by virtue of being born here. What makes people think aliens who are not “subject to the jurisdiction” of the US, owe no allegiance to the US, and come here in direct violation of our laws have more rights than diplomats?
As for Republican politicians, I don’t trust any of them. They’ve been in the majority before, and they blew it! Incumbents in both parties need to be bloodied next election. Only the fear of being tossed out of office will reign these jokers in.
Review? It needs tested. While there seems to be the " under the jurisdiction thereof" issue, it is clear it's authors never intended what it has become.
AZ should pass a law stating it will no longer issue birth certificates to offspring of illegals. They should issue instead records of live birth. Hell, if that's good enough for Obama, it should be good enough for the anchor babies.
What's Obama gonna do about it? Challenge AZ on preemption or supremacy? I thought immigration issues were the sole responsibility of the feds.
All McConnell has to do is clone Bob Stump's text from 2001 and go with that.
” McConnell is fuzzy on the Constitution “
McConnell is fuzzy, PERIOD. Usually, he is asleep.
New blood needed.
I find it interesting that these fools try and apply the 14th to illegals. If they want it to apply to immigrants, it should only apply to legal immigrants.
Leave the Constitution alone. Can you imagine what the liberals would like to do to the second?
The Constitution is fine the way it is, the problem is with activist judges interpreting it.
I would like to see the 17th repealed but not at the cost of liberals messing with all of them.