Saturday, August 22, 2015

The 14th misunderstanding









On one hand, we have noted legal expert Bill O'Reilly haranguing Donald Trump: "YOU WANT ME TO QUOTE YOU THE AMENDMENT??? IF YOU'RE BORN HERE YOU'RE AN AMERICAN. PERIOD! PERIOD!"

 (No, Bill -- there's no period. More like: "comma," to parents born “subject to the jurisdiction” of the United States “and of the state wherein they reside.”) Ann Coulter




Based on the hysterical flailing at Donald Trump -- He's a buffoon! He's a clown! He calls people names! He's too conservative! He's not conservative enough! He won't give details! His details won't work! -- I gather certain Republicans are determined to drive him from the race.


These same Republicans never object to other candidates who lack traditional presidential resumes -- Carly Fiorina, Ben Carson, Newt Gingrich and Herman Cain, to name a few. I'm beginning to suspect it's all about Trump's opposition to mass immigration from the Third World.


Amid the hysteria, Trump is the only one speaking clearly and logically, while his detractors keep making utter asses of themselves.


By my count -- so far -- Fiorina, Chris Christie, Rick Perry and the entire Fox News commentariat are unfamiliar with a period of the nation's history known as "the Civil War." They seem to believe that the post-Civil War amendments were designed to ensure that the children of illegal aliens would be citizens, "anchor babies," who can then bring in the whole family. (You wouldn't want to break up families, would you?)


As FNC's Bill O'Reilly authoritatively informed Donald Trump on Tuesday night: "The 14th Amendment says if you're born here, you're an American!"


I cover anchor babies in about five pages of my book, Adios, America, but apparently Bill O'Reilly and the rest of the scholars on Fox News aren't what we call "readers."



Huh. In 1884, 16 years after the 14th Amendment was ratified, John Elk, who -- as you may have surmised by his name -- was an Indian, had to go to the Supreme Court to argue that he was an American citizen because he was born in the United States.

He lost.

In Elk v. Wilkins, 112 U.S. 94, the Supreme Court ruled that the 14th Amendment did not grant Indians citizenship. [... they obtained citizenship in a law perplexingly titled: "THE INDIAN CITIZENSHIP ACT OF 1924." Yeah, Trump's the idiot.
Still, how could anyone -- even a not-very-bright person -- imagine that granting citizenship to the children of illegal aliens is actually in our Constitution? I know the country was exuberant after the war, but I really don't think our plate was so clear that Americans were consumed with passing a constitutional amendment to make illegal aliens' kids citizens.


Put differently: Give me a scenario -- just one scenario -- where guaranteeing the citizenship of children born to illegals would be important to Americans in 1868. You can make it up. It doesn't have to be a true scenario. Any scenario!


You know what's really bothering me? If someone comes into the country illegally and has a kid, that kid should be an American citizen!



Damn straight they should!


We've got to codify that.



MORE -"YOU MEAN IT'S NOT ALREADY IN THE CONSTITUTION?"

If I vote today, I vote for Trump.  Just because.


12 comments:

Anonymous said...


B'ore is a pompous asshole. I have long ago turned him off along with the other FNC jerks....Gerry O, Shep, daughter McLame.

I have never been a Trump fan, but there is no doubt he has hit a nerve with what he's saying. The gop doesn't have a clue as to what is going to hit them. Mark Levin has been addressing this 14th Amendment issue for years.

I back Cruz but could easily pull the lever for the Donald.

Geo

Juice said...

The thing about Trump is that he is not a politician. He is a citizen. A very successful citizen. Here at Hughes Central we are sick of kowtowing politicians who will withdraw statements faster than a fat girl can suck down a milkshake. The Pub' electorate are sheep herded by every liberal/press account of their "incorrectness". Donald Trump will not be herded. He is -not- Jeb Bush, whom the RNC would bully upon us.

I don't know how things will turn out by the primaries or November election 2016, but I can clearly understand why Trump is doing so well right now. He shouts the truth when he says our leaders are stupid.

Unknown said...

There's another angle to the "under the jurisdiction of" clause of Section 1 of the 14th Amendment that needs to be enforced.

If a person should believe that some other system of laws (e.g., Sharia Law) supersedes the laws of the U.S., then that person is not "under the jurisdiction" of the United States and is therefore not a citizen!

'Sorry, Mohammed!

Anonymous said...

Like the Peter Finch character in the movie "Network", I'M AS MAD AS HELL and I'M NOT GOING TO TAKE IT ANYMORE!

I've cast my votes for naught these last few election cycles. Trump may be a P.T. Barnumesque figure, but he's changing the dynamics in a way that's refreshing. So far, he has my vote.

Anonymous said...

I'm with Anon 11:51. I will definitely vote for Trump, although I would rather see Cruz get the nomination. That said, I absolutely will not vote for any incumbent (or any Democrat for that matter) next fall in either the national or local elections. There is not a single one of them that deserves to be returned to their cushy positions. NONE!

Scottiebill

Juice said...

BTW, Anchor Babies! heheh

Skoonj said...

Anchor fetuses!

I like Ann Coulter's article, but I like Mark Levin's material even better.

Anonymous said...

Skoonj, a few years back, Ann Coulter had a column discussing Lincoln Chafee. It was entitled "They shot the wrong Lincoln".

Best damn column title EVER!

Anonymous said...

I'd as soon vote for Bernie Sanders as Christie or another Bush, and that's the sad truth of how sorry-assed the [once] Grand Old Party has become.

Mugs and shits the lot. Better Trump than almost any of them.

Sir H the Comet

Anonymous said...

Democrats will win in 2016.
They also have crappy candidates, much worse than ours, but they unite because a Republican is a bigger evil.
Our side says, "derp romney is rich and a mormon so he's teh EVIL!1!", and Obama rules for eight years while we congratulate ourselves for being oh so clever.
-bravokilo

Wabano said...

Why I vote Trump:
http://i.imgur.com/4V1IpGq.jpg

Rodger the Real King of France said...

"Democrats will win in 2016."

Okay, sort of. It's the GOP wing of the Democrat Party's turn, by agreement.

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