Something on the order of six out of ten voters believe that
the current interpretation of the 14th Amendment is wrong. That is to say, they do not believe someone
born in the United States to illegal aliens should be given automatic citizenship.
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And there is good reason for their opposition; they realize
that the current interpretation strays far from the original intent. The 14th Amendment was created
after the Civil War to establish the rights of the children of slaves. It was a bold declaration that negro babies
born from that day forward would not be the chattel of the slave owners. They were no longer to be considered as just
another lamb or foal or piglet added to the livestock count.
You see, a landowner’s possessions can be bought and
sold. Property can be parceled
off. A bull can be castrated, dehorned
and yoked to carry a heavy load. Cows
are milked and slaughtered. And
children born to slaves were considered nothing more than animals to be
exploited for the good of the enterprise.
The import of that burden is horrifically illustrated in the
novel Beloved, by Toni Morrison. The character Sethe chooses death for her
child rather than submission to ownership by another.
The 14th Amendment boldly declared that these
children were citizens of the United States.
With rights and privileges.
And the Amendment was sufficiently clear to exclude visitors
and diplomats. And it spoke to the
notion of allegiance with the phrase, “…and subject to the jurisdiction
thereof..”
Not insignificantly, American Indians were specifically
excluded from the citizenship clause.
It is not simply a matter of geography.
Subsequent interpretations of the Wong Kim Ark case turned
the original intent on its head.
Interestingly, it was about a Chinese man born in the United States who
left the country for a time and was barred from returning. His parents were here legally and conducting
business in the United States, and those facts were part of the case as ruled
upon by the Court. But somehow a
precedent was set for babies of illegal aliens as others misapplied the message
of the 14th and Wong Kim Ark.
One would think that Blacks in America would be incensed
about this hijacking of the Amendment that freed their ancestors from
ownership. Were illegal aliens brought
here involuntarily? No. Did they establish themselves as legitimate
visa-holders? No. Do they consider themselves Americans? No.
(In fact, they overwhelmingly consider themselves Mexican citizens
working in the United States.)
So, what of their babies?
Do they have a loyalty to the United States? Not really. By nature of
their family situation they aren’t learning English at home. The bill for their bilingual schooling falls
to the rest of us. Often they are from
poor families, so “We the People” paid for the delivery as well as health care,
food and housing.
These babies are pawns for bringing the benefits of the welfare state into the
home, and later on they become sponsors for their parents to get legal. Meanwhile, their very existence staves off
deportation of mom, dad and siblings.
It is a powerful magnet to be sure. But it is a far cry from the original intent
of making sure slave babies were Americans, not cattle.
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