Legal Commentary

U.S. Mayors Blast AZ Immigration Law While AZ Repubs Try to Ignore Constitution

By Jeralyn

200 U.S. Mayors, gathered at the U.S. Conference of Mayors in Oklahoma today, passed a resolution opposing Arizona's recently passed anti-immigrant law. The resolution was sponsored by Phoenix Mayor Phil Gordon.

Arizona shows no sigh of letting up. Republicans there now want to pass a law defying the 14th Amendment and denying birth certificates to children born in Arizona if their parents are undocumented residents. Time Magazine has more here.

The 14th Amendment states "All persons, born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." [More...]

Arizona Republicans apparently can't read English. Nor is the idea original. Tom Tancredo wanted to repeal the 14th Amendment back in 2005. He also made the unsupported argument that children of the undocumented aren't covered by the 14th Amendment because while born in the U.S., they are not subject to its jurisdiction. Crooks and Liars has some video of the latest national embarrassment known as Arizona.

Republicans in Congress are making similar noises. They've introduced the "Birthright Citizenship Act", which has 91 cosponsors. The bill would modify the 14th Amendment by providing citizenship can be granted "if the person is born in the United States of parents, one of whom is:

a citizen or national of the United States; - an alien lawfully admitted for permanent residence in the United States whose residence is in the United States; or - an alien performing active service in the armed forces (as defined in section 101 of title 10, United States Code)."

The only way to change the 14th Amendment to pass another amendment, which will never happen. How do you amend the Constitution?

First, amendment can take place by a vote of two-thirds of both the House of Representatives and the Senate followed by a ratification of three-fourths of the various state legislatures (ratification by thirty-eight states would be required to ratify an amendment today). This first method of amendment is the only one used to date.

Second, the Constitution might be amended by a Convention called for this purpose by two-thirds of the state legislatures, if the Convention's proposed amendments are later ratified by three-fourths of the state legislatures.

Memo to Arizona: Birthright citizenship is constitutionally guaranteed. Get over your ignorance and blatant racial prejudice and move on.

Full post as published by TalkLeft on June 14, 2010 (boomark / email).