Friday, August 13, 2010

The Fourteenth Amendment, The Supreme Court, And The Rule Of Law

Recently there has been a great deal of discussion about Amending The Constitution - specifically with regards to the Fourteenth Amendment. I believe this concept is not a good idea for America, and that it is also terrible politics for the Conservative movement.

America certainly has national security issues, and one of those issues is the influx of people who – for one reason or another – are setting up camp and calling America home. People from around the world cross our southern border at an alarming rate, and the reality is that no matter how many people we deport through ICE and other federal means, there are more people entering America than will ever leave.

In enacting SB 1070, Arizona recently made a valiant attempt to help the federal government in its effort to keep illegal immigration in check, but in a highly partisan move the Barack Hoover Hussein Obama administration and its Justice Department filed suit against Arizona and Governor Jan Brewer.

The SB 1070 case has been before a District Court judge. Judge Susan Bolton (a Clinton appointee) issued a temporary injunction against the “controversial” yet most important parts of the law, essentially rendering it ineffective as a support system for the feds, which was its intent as written. The case is being appealed, and will be heard next by the typically leftist Ninth Circuit Court of Appeals.

Regardless of what decision comes from The Ninth Circuit Court of Appeals, the SB 1070 case is expected to reach The Supreme Court, perhaps by late 2011.

In the mean time, I believe what is most important for America and the Conservative movement is maintaining a laser-like focus on the issues, most specifically border security.

Border security as a single issue is a topic that has no partisan slant; it is purely and simply about the safety and sovereignty of The United States of America. Even my friends at The Huffington Post can see the importance of a secure border.

Meanwhile, we who care about American sovereignty must not allow the left to turn anything we say into a hyper-partisan issue that causes more distraction and harm than good.

We have already seen that they are willing to manipulate the truth to suit their agenda, with edited video like the one The Center for American Progress offered, of a leftist progressive acting like a RAAAAACIST at a Tea Party event. Then there was the one aired by MSNBC, of the Black man outside an Obama rally in Arizona with the AR-15 over his shoulder – even though MSNBC never showed he was a Black man.

A perfect example of this type of distraction is the “Birther” movement. Honestly, it makes no difference today where Obama was born. He is President, and even if he were removed from office, what happens next? Biden takes office? Pelosi as Commander-in-Chief? Do we really want San-Fran-Nan sitting behind the desk in The Oval Office? Honestly, I’ll keep Obama, given my options. At least by now with him, we know where we stand and what to expect. Alinsky tactics, blame Bush, and narcissism beyond anyone’s wildest expectation.

In case you haven’t noticed, every politician or Tea Party member who shows signs of being a “Birther” ends up on Olbermann, Maddow, Matthews, and / or Huffington Post and other radical leftist media venues. This is not helpful. There are some moderate liberals who get some of their information from these sources, and they can be negatively influenced by such drivel.

The prizes on which sane Americans must keep our eye are first November 2010, and then The White House in 2012. As we move closer to these key election dates, the partisan leftists and their media lapdogs are going to push every hot button they can find, cry RAAAAACIST at every turn, and specifically target Hispanic voters who sadly can be very easily manipulated by well messaged Alinsky-like information from Spanish-speaking radio stations and television networks like Telemundo, most of which are owned and operated by NBC and other leftist media entities.

If Conservatives drive hard for a change in The Constitution, the left will play to the base with messages about how “Neo-Cons” are trying to “Manipulate The Constitution for their own RAAAAACIST agenda.”

Therefore, we must maintain focus on the border, and let the States and due process take care of the Rule of Law.

Arizona’s legislature has already discussed moving forward with a bill that will “Not allow” citizenship to babies born of women who are not American – “anchor babies,” if you will.

If Arizona or any other state enacts such a law, it will certainly be challenged and taken through the court system, as is the case with SB 1070. This will allow a ruling by The Supreme Court, which is the proper way to decide what exactly should be done about The Fourteenth Amendment.

The role of The Supreme Court is to evaluate a case, and how The Constitution applies to that specific case. A law such as the one being discussed in Arizona would allow for the first time an opportunity for The Supreme Court to interpret the phrase, “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.”

The left will tell us that this phrase means since a person is on American soil, that person is subject to American jurisdiction. This is not quite accurate. Certainly that person must obey American laws, but they are truly “Under the jurisdiction” of their own homeland, wherever that may be. This is why America allows extradition of lawbreakers, and expects the same of other nations when a lawbreaker flees persecution by America’s judicial system.

Conservatives differ; we believe that a person is not automatically subject to American jurisdiction simply because they are born on American soil. Again – everyone who enters America must follow our laws while on American soil, but America reserves the right to deport anyone for just cause at any time, and will extradite a person who deserves lawful prosecution from their homeland.

The Fourteenth Amendment was written because people who were once not free, but who were truly Americans, were suddenly given freedom, and with that came the need to define these people as citizens. Slaves at that time had every right to believe that The United States was their home; it was. After all, they had been brought to America against their will, and many of them had never known an existence outside America’s borders.

Today’s situation is very different. While certainly the plight of many illegal aliens is sympathetic, the truth is that many people plan vacations or specifically migrate to America because they are with child and wish to take advantage of the current interpretation of The Fourteenth Amendment. This is not “Birthright citizenship,” this is deviant manipulation of a compassionate nation that now is dealing with its own economic and security concerns, many of which have been caused by the very actions these migrants have taken for decades.

One other thought – perhaps the most important of all. If we focus on The Fourteenth Amendment and not border security, our rationale will appear even more in the image the leftists wish.

If we’re border security hawks, that’s about national security. If we worry about an amendment, that’s about Mexicans. While that may not be 100% true in all instances, the manipulative leftist media will make it incredibly easy to see, so we know the leftists will be all over it.

America needs a secure border. At the national level, securing our border must be our first focus, and really our only focus at this moment regarding immigration and national security. While we certainly have seen a great dog and pony show recently from Washington including today’s signing of a new “border security bill,” things are not getting any better when it comes to national security.

If we have a secure border, most of the Fourteenth Amendment issues go away. We will have much less illegal entry into America if our borders are secure. The entire motive behind the concept of such an amendment is about "birthright citizenship," and there will be far fewer "birthright citizenship" migrations if people know it is that much more difficult to gain entry into The United States.

I honestly believe the only thing preventing amnesty right now is President Barack Hoover Hussein Obama's desire for a second term, and if he sees the trade winds blowing from the political right come Election Day, we'll have 15 million people with winning lottery tickets in late 2012.

What we need most at this moment is to stem the tide of illegal entry into America, so that even if we do have “Instant Amnesty” courtesy of President Obama, we can stop the same from happening next time we have a radical progressive in office.

Honest Americans know that border security and laws such as SB 1070 are not about Mexican people – they are about anyone who poses a threat to our security and sovereignty, and that includes anyone who is not a documented citizen, student, or legal worker who gains entry into our nation.

We must keep up the pressure on Washington; never letting them forget what Americans really believe is the right thing to do - secure the border.

Or, as John McCain once famously said, “Build the dang fence.”

7 comments:

Just a conservative girl said...

All this talk is politically motivated. The same ol' same ol'; score some cheap political points for the short term without fixing the problem in the long term.

I just want our borders protected. You live in an area that has illegal immigration problems. I live 15 miles away from the Capitol, therefore both you and I have real security concerns for ourselves and our families.

Like you said, build the dang fence and be done with it.

The dems are really being stupid here, there are conservatives that will never go along with amensty. But, there is no way we can round them all up and deport them. They will have a much easier time getting the public at large to go along with it if they really secure the borders.

Rational Nation USA said...

Agreed. Our primary, and ultimately most critical issue is border security.

However, I can not help but feel inclined to revisit the 14th as it has served, and outlived, it's initial purpose. Which was an issue of fairness with respect to to the children of slaves brought to the US not by their choice.

Superb post!

Chris W said...

Great post Soloman

You are correct that securing the border puts an end to the debate and is what needs to be done immediately.

As for the 14th and birthright citizenship, it's author Sen Jacob Howard said "This amendment... will not, of course, include persons born in the United States who are foreigners...". How much clearer could he be with the original intent of the law? It was not intended to grant US citizenship to every person born here.

The Conservative Lady said...

Terrific post, Sol.
I believe that the 14th Amendment must be clarified. It's not only Mexicans coming in and having anchor babies. There are people from the middle east who do the same thing. And when that happens, their children have American passports and can come and go as they please. A situation that could be a national security nightmare.
This may not be the time to "revisit" the 14th amendment for political purposes, but it must be done eventually. It has become a magnet for illegals to come into our country for the benefits they will receive because they are parents of a child who is considered an American citizen just because they were born here. We can't afford it. The fence must be built and whatever else it takes to deter illegals from coming into our country will be to our benefit.

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The_Kid said...

Great Analysis.

I favor keeping the 14th and solving the problem of the border being an open sieve.

Trestin said...

I would love to see it amended. I would also like to see the 16th and 17th repealed.