Legally Kidnapped

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Tuesday, August 10, 2010

Phony 'Originalism' and the Assault on Birthright Citizenship

Phony 'Originalism' and the Assault on Birthright Citizenship

The recent Republican proposal to amend the Fourteenth Amendment, I wrote a few days ago, at least "represents a concession by the right that they can't do away with birthright citizenship by statute." That's probably too sunny an assessment, as the two efforts are running on parallel tracks. While Sen. Lindsey Graham and the Republican leadership are cynically proposing a constitutional amendment, there's a powerful movement urging Congress and the courts simply to ignore the Citizenship Clause and pass laws purporting to strip citizenship from American children because of their parents' immigration status.

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