View Single Post
  #1  
Old 08-05-2010, 09:42 AM
finnbow's Avatar
finnbow finnbow is offline
Reformed Know-Nothing
 
Join Date: Oct 2009
Location: MoCo, MD
Posts: 25,914
"Anchor Babies" and the 14th Amendment

The issue of "anchor babies" and the citizenship conferred upon them by virtue of birth within the USA is getting a lot of exposure lately. I'm of mixed mind on this one. Most nations do not confer citizenship on the basis of birth location (jus soli), but upon the nationality/citizenship of the parent (jus sanguinis).

Our "jus soli" system, embodied within the 14th amendment, became law in 1868 during reconstruction and was largely a reaction to the Dred Scott decision (1857) in which the Supreme Court ruled that descendants of African slaves could never become citizens.

I understand the modern-day concerns about "anchor babies," but at the same time I have concerns about right-wing politicians stroking our darker xenophobic tendencies. Furthermore, revocation of the 14th Amendment might set a precedent for future revocation of citizenship based upon some sort of loyalty or patriotism test. As it is now, if you're born in the US, you are a American citizen and this cannot be revoked (unless you yourself choose to renounce it). In contrast, naturalization can be revoked if attained through fraud.

In that this would require a constitutional amendment (an arduous process indeed), I fear that the current GOP position on this issue is simply yet another cynical attempt to creat a wedge issue. What say you?
__________________
As long as the roots are not severed, all will be well in the garden.

Last edited by finnbow; 08-05-2010 at 08:27 PM. Reason: clarifying wedge issue
Reply With Quote