Trump Plans to End Birthright Citizenship

The Daily Escape:

Hocking Hills lower falls, Ohio – October 2018 photo by mattmacphersonphoto

President Trump said he plans to sign an executive order that would remove the right to citizenship for babies of non-citizens and illegal immigrants born on US soil. This is called “Birthright Citizenship”.

Birthright Citizenship, the common law concept of jus soli, has been the law since the ratification of the 14th Amendment. The Republican concern is that too many illegal immigrants have a child in the US who is automatically an American citizen, and therefore, has the right to vote. The 14th Amendment’s  first sentence reads:

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 debate pertains to the clause, “subject to the jurisdiction thereof”. Conservatives contend that it means only citizens, while the preponderance of Constitutional scholars say it means located in the US.

Trump first made a case for ending Birthright Citizenship in 2015. Back then, he was following Rep. Steve King (R-IA), who said that Hispanics try to get a foothold in the country by coming here and having a child. King called them “anchor babies”.

Trump and the GOP are focusing on a largely imaginary abuse of birthright by foreigners.

Steve Kantrowitz, a US historian of the 19th century, wrote a series of tweets, condensed here: (emphasis by Wrongo)

On birthright citizenship, read the debate in the US Senate, Jan. 30, 1866. The framers of the Civil Rights Act — the immediate precursor to the 14th Amendment, and the first place national citizenship was codified — knew exactly what they were doing. They were clarifying the well-understood principle that children born in the US were citizens regardless of the immigration status of their parents. They even understood this to be true for children whose parents would then have been racially ineligible for citizenship, such as the Chinese. The only people excluded from citizenship on this basis were 1) Indians under tribal government and 2) children born to the families of foreign diplomats.

A new Executive Order on Birthright Citizenship would spark a legal battle, and pave the way for a showdown at the Supreme Court. To help get that party started, The Hill reported that Sen. Lindsay Graham (R-SC) intends to “introduce legislation among the same lines as the proposed executive order.”

Consider the irony: The Republican Party accomplished something hugely enlightened and important with the 14th Amendment. Here is American Civil War historian Eric Foner:

The 14th amendment and birthright citizenship rank among the great and defining accomplishments of the Republican Party, back when it was the Party of Lincoln.

Yet Trump Republicans propose purging their historic accomplishment from the Constitution. The problem with eliminating Birthright Citizenship is that their idea is at its core, explicitly nativist, racist, and xenophobic.

The current Republican Party is showing that it is no longer related to the Republican Party of Lincoln. In fact, it is barely related to the Republican Party of Eisenhower. The only piece of common ground the current Republican Party has with the Party of Lincoln is its name.

It will take time to move Trump’s Executive Order to a hearing at the Supreme Court. So, announcing this now is really another attempt to energize the Republican base next week.

Republicans are playing to an idea deep in the American psyche that there’s always “a mob at the gates”. The mob wants in, so that they can take advantage of the good things we have, or they plan to lay waste to our culture and way of life. Therefore, we must be vigilant, because our innocence and openness makes us vulnerable to exploitation or infection from outside.

This is what makes the Caravan a huge issue to Republicans. They’re calling it “an invasion” or, “a national emergency”.

The Right Wing’s argument is that we shouldn’t “reward” people who come into the country illegally by “giving” their kids born here citizenship.

They answer the fact that we all came here from over there, by saying “they followed the rules“, even though for most of us, our ancestors faced few, or no rules on immigration.

This is the problem Wrongo has with the GOP. They begin the argument from their conclusion, and work backwards. Any fig leaf will do. So any argument in favor of the conclusion is all they require.

Voters. Please do not take this bait. Let’s keep our eye on the ball: Re-winning at least the House on Nov 6th. This other fight can wait until after the election.

There are two great things about the US: Strong free speech laws, and jus soli. The idea of blood citizenship—which pervades Europe, and the Middle East, is the root of much evil in the world.

Don’t bring that evil here, VOTE on next Tuesday.

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Is a Mob at The Gates?

There is an idea deep in the American psyche that there always is “a mob at the gates”. The mob wants in so that they can take advantage of the good things we have, or they want to lay waste to our culture and way of life. Therefore, we must be vigilant, because our innocence and openness makes us vulnerable to exploitation or infection from outside. This is well-documented in Robert Reich’s 1986 book, Tales of a New America.

We have a history of fearing and demonizing the “others”. It has been a strong weapon in hands of America’s conservatives. In the 1950’s we were visited by McCarthyism. In the early 1950s, conservatives were deeply frightened by Communism’s advances overseas (communists were ruthless and Godless!). By hunting alleged communists in the State Department, suggesting that the real threat lay not overseas but at home, Joseph McCarthy played brilliantly to those fears.

Sadly, the McCarthy period wasn’t the first time in American history that we demonized outsiders who we thought were trying to climb inside the gates. When they tried to get in, we attacked people from their homeland who were already here. We had slavery, followed by Jim Crow. Hyper-nationalists went after German-Americans during World War I, and we rounded up Japanese-Americans during World War II. After McCarthy was discredited, cultural conservatives moved on to “protect” America against supposed internal threats from black militancy, feminism, and the gay-rights movement.

After 9/11, President Bush defended Islam. He called Islam “a faith based upon love, not hate,” and even visited a mosque. In a Presidential debate with Al Gore, Bush condemned the fact that “Arab-Americans are racially profiled.”

But today, would-be Republican presidential candidates are turning on Muslim-Americans. From Peter Bienart in the Atlantic:

In January, the Republican presidential hopeful Bobby Jindal argued that “it is completely reasonable for [Western] nations to discriminate” against Muslims in their immigration policies, on the grounds that radical Islamists “want to destroy their culture.”

In February…Mike Huckabee, declared, “Everything [President Obama] does is against what Christians stand for, and he’s against the Jews in Israel. The one group of people that can know they have his undying, unfailing support would be the Muslim community.”

In March, after New York City announced that public schools would close for two Muslim holidays, Todd Starnes, a Fox News contributor, lamented, “The Islamic faith is being given accommodation and the Christian faith and other religious faiths are being marginalized.”

In fact, Bienart thinks that if George W. Bush were seeking the Republican presidential nomination today, he’d be excoriated for his view of Islam. Why are Republicans more hostile to Muslims and Islam today than they were after 9/11? And why are American Muslims, who in 2000 mostly voted Republican, replacing gays and feminists as the right’s chief culture-war foe?

Could there be a new McCarthyism emerging in the Republican Party?

A 2014 poll by the Pew Research Center found that Republicans were 31 percentage points more likely than Democrats to be “very concerned” about the threat of “Islamic extremism” around the world, and were 25 percentage points more likely to be concerned about Islamic terrorism in the US.

Most conservatives are happy to bomb ISIS or drone the Taliban, but many have lost the appetite for American boots on the ground against Islamic terrorists. And by reconceiving the Islamist danger as a domestic problem, (exactly as McCarthy did with Communism in the 1950’s), conservatives can now appear to fight it ferociously, without having to invade yet another Arab country.

Republicans all across the US have warned that Sharia might be adopted in parts of the US, and that American Christians might thus be subjected to Muslim law. Bobby Jindal said (falsely) that Muslims have established “no-go” zones for non-Muslims in some neighborhoods in Europe, with the implication that they might do the same in the US.

Muslims make up only 1% of the US population. They are not marching in the streets. For the most part, they constitute a small, culturally conservative minority that wants little more than to be left alone. They don’t have the numbers to punish Republicans at the ballot box for demonizing them.

For the rest of us, that makes the immorality of the Republican’s position clear.

Promoting Islamophobia is unlikely to hurt the GOP politically, and it will help them with their base. The February and March 2016 primaries are predominantly in southern states, where Islam is more reviled than elsewhere in the country.

So, look for the rhetoric on culture war issues, including the threat allegedly posed by Muslim-Americans to become even more outrageous in 2016, as Republicans launch their new McCarthyism against the mob both inside, and outside our gates.

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