Birthright citizenship and the "living Constitution"

The National Council of La Raza is not happy.

"This was always seen in the past as some extreme, wacko proposal that never goes anywhere," said Michele Waslin, director of immigration policy research for the Hispanic advocacy organization. "But these so-called wacko proposals are becoming more and more mainstream--it's becoming more acceptable to have a discussion about it."

The "so-called wacko proposal" to which Ms. Waslin refers is the idea of changing U.S. law so that babies born to illegal immigrants in the United States do not automatically become American citizens.

The Fourteenth Amendment to the U.S. Constitution, ratified in 1868 following the Civil War, says "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." Even though that provision was ratified with freed slaves in mind, it says what it says; it's the law, and changing it will require a constitutional amendment.

Some lawmakers have said they believe birthright citizenship can be revoked with federal legislation. They probably don't really believe that. They're likely just testing to see how the idea plays.

Judging from the hysteria over at La Raza, it's playing pretty well.

This issue nicely illustrates the truth about the widely-held view that the Constitution is a "living document." As long as it lives in a cage in the basement and only Sandra Day O'Connor has the key, "living Constitution" advocates are pretty content. But talk about handing the key to a conservative justice and all hell breaks loose.

Of course, the Constitution doesn't live in a cage. It lives in Article V, where you will find the framers' instructions for amending the Constitution whenever the American people think it's time for a change.

Article V says the people of the United States may amend the Constitution and puts no limitations on what they may amend it to say. It takes a two-thirds vote of the House and the Senate, or a constitutional convention called by two-thirds of the states, followed by ratification of three-quarters of the state legislatures. The president has no role. The Supreme Court has no say.

Bet you didn't know that.

La Raza knows it.

Sounds like they're worried you may find out.


Copyright 2005

Read the Constitution for yourself at the National Archives website. Read How to Get Congress to foot the bill for illegal immigration, and fast for more on this topic.