Conservatives Open New Congress With Unconstitutional Bill To End
Birthright Citizenship

By Ian Millhiser on Jan 5, 2013 at 2:54 pm

The Fourteenth Amendment to the Constitution expressly provides that
nearly anyone born in the United States is a citizen, regardless of the
immigration status of their parents. Yet, despite the Constitution’s
clear command, Rep. Steve King (R-IA) wants to ignore our founding
document and prevent the children of undocumented immigrants from
becoming citizens:

Rep. Steve King (R-Iowa), an outspoken hardliner on immigration,
introduced a bill on Thursday that would “clarify those classes of
individuals born in the United States who are nationals and citizens of
the United States at birth.” The Supreme Court has consistently held
that anyone born in the United States, regardless of their parents’
immigration status, should receive citizenship under the 14th Amendment.

King disagrees, as do 13 co-sponsors on the bill, including Reps. Louie
Gohmert (R-Texas), Virginia Foxx (R-N.C.) and Mo Brooks (R-Ala.).

The Constitution is clear that King’s bill is unconstitutional. Under
the Fourteenth Amendment, “[a]ll 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 word
“jurisdiction” refers to people that are subject to American law. Thus
foreign diplomats and their families, who are granted broad immunity
from U.S. law, are not entitled to citizenship under the 14th Amendment.
Likewise, at the time the Fourteenth Amendment was drafted many Native
Americans were subject only to tribal law and thus were not “subject to
the jurisdiction” of the United States. Undocumented immigrants and
their children, by contrast, are not immune to U.S. law. And thus fit
squarely within the Fourteenth Amendment’s command.

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Republican assholes abound.