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Why Birthright Citizenship Is Central To American Democracy -- And Our Future

Why Birthright Citizenship Is Central To American Democracy -- And Our Future

Now that we've completed our celebration of America's 250th birthday, it's time to prepare for the 300th — the tricentennial. I will not live to see it, but I hope the nation will.

At least, I hope a certain kind of America will celebrate its 300th year — one that has regained its moral equilibrium and turned its back resoundingly on illiberalism in all its ugly forms. If the United States does not reverse its current retreat from the principles and traditions that ennobled it, if it becomes the kind of predatory, grubby and aggressive nation that Donald Trump champions, or if it becomes the socialist shambles that a growing number on the left envision, then it will not deserve to celebrate a tricentennial.

How do we find our footing in the face of these challenges to liberalism? Well, the Supreme Court just helped us. Though the court has done its share to deform our constitutional structure recently, it also gave us a gift for the 250th anniversary of the Declaration. That gift was the birthright citizenship case, Trump v. Barbara.

Yes, it would have been more bracing if the court's decision had been 9-0. But on the key concepts, the majority affirmed a principle that is foundational to our republic: equality. And by affirming that citizenship belongs to (nearly) every child born on American soil, the court also tipped the scales on another argument currently roiling our republic, namely whether we are a creedal nation or one of blood and soil.

That's not how this works. Once the Supreme Court rules on the constitutionality of a matter, that's the final word. It takes it out of the hands of the elected legislatures. Remember all the hullabaloo about Roe v. Wade? You can look it up. The court could change its mind in future years (as it did in the Dobbs decision), or Congress and the states could amend the Constitution. But ordinary legislation? No.

By reaffirming birthright citizenship, the court upheld a pillar of equality in America. We are not guaranteed equality of outcomes, but we are all equal citizens. That is part of what the Revolutionary War achieved. It overturned centuries of deference, subordination and caste to create a new republic based on equality. While it's true that only land-owning white males were initially counted for voting, the ideas the revolution spawned made the extension of rights almost inevitable.

As the late historian Gordon Wood put it, "Equality was in fact the most radical and most powerful ideological force let loose in the Revolution. ... Once invoked, the idea of equality could not be stopped, and it tore through American society and culture with awesome power. It became what Herman Melville called 'the great God absolute! The centre and circumference of all democracy!'"

Before the revolution, students were instructed in how to bow to upperclassmen and professors, church pews were assigned "on the basis of family heads' age and social position," and land was inherited by primogeniture. Post-revolution, all of that changed. Handshaking, between men on equal footing, replaced bowing. Cap-doffing went out of fashion, and many other signifiers of rank and position were eliminated. The Constitution decreed that, "No Title of Nobility shall be granted by the United States," nor by any state.

Birthright citizenship is a constitutive part of this democratic philosophy.

Think about what the United States without birthright citizenship would look like. What is the bedrock upon which our citizenship would rest? Would it be race, religion, ethnic background, family history, wealth or some other criterion? JD Vance is already flirting with hierarchies of Americanness. He has referred often to the seven generations of his ancestors who are buried in Kentucky. "Now that's not just an idea, my friends," he insists, "that is a homeland."

Vance adds that he looks forward to resting there himself when his time comes, as will his children. But his children are the product of a marriage between himself and the daughter of recent immigrants. Her ancestors are buried in India. Is that their "homeland"? Are his children less American than he?

Abraham Lincoln would like a word. In a July 10, 1858 speech, he said:

"We have besides these men — descended by blood from our ancestors — among us perhaps half our people who are not descendants at all of these men, they are men who have come from Europe — German, Irish, French and Scandinavian — men that have come from Europe themselves, or whose ancestors have come hither and settled here, finding themselves our equals in all things. If they look back through this history to trace their connection with those days by blood, they find they have none, they cannot carry themselves back into that glorious epoch and make themselves feel that they are part of us, but when they look through that old Declaration of Independence they find that those old men say that 'We hold these truths to be self-evident, that all men are created equal,' and then they feel that that moral sentiment taught in that day evidences their relation to those men, that it is the father of all moral principle in them, and that they have a right to claim it as though they were blood of the blood, and flesh of the flesh of the men who wrote that Declaration, and so they are (my emphasis). That is the electric cord in that Declaration that links the hearts of patriotic and liberty-loving men together, that will link those patriotic hearts as long as the love of freedom exists in the minds of men throughout the world."

The Stephen Millers and Tucker Carlsons of the world are not Lincolnites. They emphatically endorse exclusive citizenship. Last year, Carlson hosted a Blaze Media figure who touted the superiority of "Heritage Americans," i.e., those who can trace their ancestry back to the Civil War. America, the guest claimed, is not "a collection of abstract things agreed to in some social contract" but a particular ethnocultural group that possesses the "Anglo-Protestant spirit" and "a tie to history and to the land. If you change the people, you change the culture." Carlson agreed.

If we were to confine citizenship to those who can trace their ancestry back to the Civil War, we would disenfranchise tens of millions, including the families of Antonin Scalia, Frank Sinatra, Jonas Salk, Barack Obama and, yes, Donald Trump, not to mention Sergey Brin, Elon Musk, Marco Rubio, Ted Cruz, Steve Jobs, Andrew Grove and so many others.

As Justice Horace Gray put it in the majority decision in Wong Kim Ark: "To hold that the Fourteenth Amendment of the Constitution excludes from citizenship the children, born in the United States, of citizens or subjects of other countries would be to deny citizenship to thousands of persons of English, Scotch, Irish, German, or other European parentage who have always been considered and treated as citizens of the United States."

Does this spirit require that we open our borders to all comers? Obviously not. Does it mean we must tolerate "birth tourism"? That point — raised in oral argument by the government's lawyer, D. John Sauer — is less than compelling. Sauer claimed that birthright citizenship "has spawned a sprawling industry of birth tourism as uncounted thousands of foreigners from potentially hostile nations have flocked to give birth in the United States in recent decades, creating a whole generation of American citizens abroad with no meaningful ties to the United States." But when pressed by Roberts about how big a problem this is, Sauer admitted that "no one knows for sure." OK, then.

Do immigrants know that once they have a child in the United States, that child is a U.S. citizen? Of course. But has this given rise to a flood of pregnant women at ports of entry? No. The Niskanen Institute examined the Center for Immigration Studies' widely cited estimate of 33,000 births to tourists per year and found it completely wrong. The CIS, to its credit, issued a retraction. Niskanen estimates that the true number may be closer to zero. But even the inflated CIS estimates would yield less than 1% of births, and there are border controls and other methods short of changing the Constitution (or other proposals peddled by MAGA influencers) that can reduce that number.

There is nothing novel about xenophobia in America, but it has always been outweighed by our dedication to the idea of America as a "shining city on a hill." That gets expressed in both our openness to immigrants and our unstinting grant of citizenship to those born here. The xenophobes object that birthright citizenship is rare in the world, which is true, though it's not true that we are alone in this policy. Several Latin American countries also grant birthright citizenship.

But that rare openness to newcomers is one reason why America has been so much more successful in assimilating immigrants than other nations. As Ronald Reagan said in 1989: "We lead the world because, unique among nations, we draw our ... strength from every country and every corner of the world. And by doing so we continuously renew and enrich our nation."

From the very beginning, we were a multiethnic, multireligious society, bound by place, yes, but much more by commitment to liberty and democracy — to the words and ideals spelled out in the Declaration and the Constitution. Even in the earliest days of the republic, America was composed of the descendants of English, French, German, Scandinavian, African, Dutch, Scottish, Irish, Swedish, Finnish, Jewish, Swiss and Native Americans. At the time of the revolution, there were whole swaths of Pennsylvania in which only German was spoken. (Frankly, Benjamin Franklin was quite ungracious about it, though he later softened.)

Uniting disparate people into a cohesive whole is not natural. Look around the globe. Ethnic, racial and religious conflict is the way of the world. Our ability to transcend those differences is one of the triumphs of our republic. As we look ahead to that celebration 50 years from now, let us hope that Trump v. Barbara restores essential ballast to the hull of our storm-tossed ship of state.

Mona Charen is policy editor of The Bulwark and host of the "Beg to Differ" podcast. Her new book, Hard Right: The GOP's Drift Toward Extremism, is available now.

Reprinted with permission from Creators



Despite the claims of anti-immigrant fanatics, the legal basis of birthright citizenship has hardly been contested in American history. As Chief Justice John Roberts' majority opinion noted, the practice was embedded in common law and then codified in the 14th Amendment. Neither politicians nor legal scholars thought the amendment's phrase "subject to the jurisdiction thereof" was ambiguous. It excluded only the children of diplomats, children born to invading soldiers (thankfully not a big problem), and certain native tribes. The court affirmed that interpretation in its 1898 Wong Kim Ark decision.

Five of the six justices who voted to strike down Trump's executive order ending birthright citizenship last week did so on constitutional grounds. Yet we live in an age of optional realities, so the president, perhaps not understanding how the Constitution works, posted that Republicans could "easily" reverse the Supreme Court's decision "through Legislation. ... No long and unwieldy Constitutional Amendment is necessary!" Speaker Mike Johnson, who may understand how the Constitution works but is required by his Trump servitude to pretend otherwise, said that he was very disappointed in the ruling and that "we'll have to deal with it as Congress."

New Jersey GOP Nominee Opposes Citizenship Policy That Made His Family American

New Jersey GOP Nominee Opposes Citizenship Policy That Made His Family American

New Jersey gubernatorial candidate Jack Ciattarelli opposes birthright citizenship, even though his own ancestors benefited from it.

The 14th Amendment has long been understood to extend citizenship to all children born on U.S. soil, regardless of their parents’ nationality. President Donald Trump, however, issued an executive order challenging that interpretation, claiming the 1868 law only applied to the children of recently freed slaves.

Trump’s order is now before the Supreme Court. If birthright citizenship is eliminated, it will be a dramatic shift in domestic policy that could leave 11 million people born and raised in the United States vulnerable to deportation.

“Do I believe that someone should be able to just cross the border, give birth and have that baby be an American citizen?” Ciattarelli mused at a campaign event last month. “I don’t. That’s not what the intent was of the 14th Amendment.”

But a review of military and census records shows that Ciattarelli’s grandfather, Antonio, fathered at least two children in the United States before becoming a citizen.

Antonio wrote “no” on a World War I draft registration card from 1917 or 1918, asking whether he was a naturalized citizen or an alien. This was typical for Italian-born immigrants who had not yet begun the citizenship process but intended to.

The same card stated that Antonio had two children.

The 1920 census shows that Antonio had applied for citizenship but not yet been naturalized. It also states that he immigrated to the United States in 1908 and that his two children were born in 1914 and 1915, making them documented citizens.

By the time of the 1930 census, Antonio was a naturalized citizen and Ciattarelli’s father, Anthony, had been born. It’s not clear if Anthony was born before or after Antonio was naturalized.

Ciattarelli’s Democratic opponent, Mikie Sherrill, is a consponsor of the Born in the USA Act, which seeks to block Trump’s executive order ending birthright citizenship.

Reprinted with permission from American Journal News

JB Pritzker

Lawless Order: Chicago On The Verge Of Federal Occupation

I awoke this morning in a city on the verge of occupation.

On Monday afternoon, U.S. District Court Judge April Perry, a Biden appointee, refused to do what a Trump-appointed judge did in Oregon: Issue a temporary restraining order preventing the federalized National Guard from occupying a peaceful city. This would be a direct violation of the Posse Comitatus Act of 1878 and a move Gov. J.B. Pritzker, Mayor Brandon Johnson, Police Chief Larry Snelling and state Attorney General Kwame Raoul say is unwanted, unnecessary and unconstitutional.

Judge Perry gave the lawbreaking regime in Washington two days to respond. This gives Trump and his minions the time they need to bring in 700 troops from the Texas and Illinois national guards, a move they’ve been looking to justify for months through constant provocations. Their campaign has led to the arrest of hundreds of local residents, a significant share of whom are U.S. citizens. Over the weekend, it included several politicians attempting to protect their constituents by reminding them of their rights.

The military-style campaign, carried out by masked and otherwise unidentified agents from multiple federal law enforcement agencies, included the unprecedented and now infamous assault on an apartment building in the historic South Shore neighborhood, which lies adjacent to Jackson Park, home of the soon-to-open Obama Presidential Center. About 300 federal agents stormed the five-story building and its fewer than 100 residents in the middle of the night by rappelling onto the rooftop from helicopters, throwing flash-bang grenades, kicking down doors, ransacking apartments and detaining adults and children with zip-ties. Many were U.S. citizens or in the U.S. legally.

“They just treated us like we were nothing,” one local resident told ABC7 Chicago. She was handcuffed, had a gun pointed in her face and held until 3 a.m. before being released. The raid, carried out without warrants, resulted in 37 arrests.

At least some of those detained were children, including four U.S. citizens, according to news accounts. One neighbor told television reporters she saw agents zip-tie the kids. “They was terrified. The kids was crying. People was screaming. They looked very distraught. I was out there crying when I seen the little girl come around the corner, because they was bringing the kids down, too, had them zip-tied to each other.” At least one agent laughed when local residents protested the children’s mistreatment. “He said, ‘Fuck them kids,’” she said.

“Imagine an armed stranger forcibly removing you from your bed, zip-tying your hands, separating you from your family, and detaining you in a dark van for hours,” Pritzker said in the aftermath of the raid. “This didn’t happen in a country with an authoritarian regime — it happened here in Chicago,” he said.

Judge Perry refused to act because she needed time to read the voluminous court filings, according to today’s Chicago Tribune. Though “very troubled” by the Trump regime’s actions, she gave the Department of Justice until midnight Wednesday to respond.

Invasion imminent

The newspaper reports those troops will be moving into the city as soon as today since Gov. Pritzker and local officials have no options beyond the courts for enforcing the law. While a case could be made for using local law enforcement to police the illegal actions of individual federal agents, that would be exactly the type of provocation Trump regime is looking for to escalate its assault on the city.

The militarized presence is not limited to the few neighborhoods making the news. When my wife and I returned to Chicago late Sunday after two weeks away, we were greeted by at least one military helicopter flying low over our mostly white neighborhood along Chicago’s North Side lakefront. A friend reports the federal government also sent military helicopters flying over his mixed, middle-income neighborhood over the weekend. They used searchlights to pan streets, lawns and alleys, no doubt scaring the bejesus out of the local rat population.

The regime’s actions make clear this has nothing to do with immigration enforcement. Their goal is to terrorize the local population, whom, through its votes and elected leaders, have chosen to stand in opposition to the illegal and immoral actions of the Trump regime.

The Trumpists are simultaneously consciously attempting to destroy the local economy. It illegally cancelled an already-approved $2 billion contract for mass transit expansion. The president’s constant lies about the state of crime in this city (“a hellhole” and “the murder capital of the world”) is a deliberate attempt to smear the reputation of the Midwest’s top tourist attraction, especially for foreign visitors.

Early estimates showed foreign tourism was down sharply this summer after returning to pre-Covid levels last year. The drop in Canadian tourists — the single largest group — was an estimated 25 percent, which isn’t surprising given they’ve taken to booing the Star Spangled Banner during sporting events in Canada.

According to the state’s complaint filed yesterday in Judge Perry’s court, the Trump’s regime assault on Chicago is creating “economic harm, depressing business activities and tourism that not only hurt Illinoisans but also hurt Illinois’s tax revenue.” The economies of thriving Hispanic neighborhoods have been especially harmed by the constant presence of ICE agents. Street traffic has been reduced to Covid-lockdown levels since everyone with brown skin is at risk of being detained and possibly arrested for failing to present proper credentials during ICE’s indiscriminate sweeps.

The core of the lawsuit charges the federal government with overstepping its authority and violating the constitution. The “deployment of federalized military forces to protect federal personal and property from ‘violent demonstrations’ that ‘are occurring or are likely to occur’ represents the exact type of intrusion on State power that is at the heart of the Tenth Amendment,” the complaint says. “The deployment of federalized National Guard, including from another state, infringes on Illinois’s sovereignty and right to self-governance. It will cause only more unrest.”

I suspect we will learn first hand the truth of that latter statement in the next few days as more Chicagoans are subjected to the presence of heavily armed soldiers patrolling their previously peaceful streets.

Merrill Goozner, the former editor of Modern Healthcare, writes about health care and politics at GoozNews.substack.com, where this column first appeared. Please consider subscribing to support his work.

Reprinted with permission from Gooz News

How Mass Deportations May Inflict Lasting Damage On Republicans

How Mass Deportations May Inflict Lasting Damage On Republicans

In early December, I warned that Donald Trump’s mass-deportation plans could backfire on Republicans. The core problem? Manpower. It takes a lot of resources to round up undocumented immigrants—and that’s feasible only in red states, where Republican governors are likely to lend their own law enforcement forces to help U.S. Immigration and Customs Enforcement. In sanctuary cities, federal agents are mostly on their own.

This dynamic has serious implications for the 2030 census and reapportionment. Undocumented immigrants are counted in the census. If deportations and fear-driven migration to safer states reduce the population in Republican strongholds like Florida and Texas, those states might gain fewer House seats than expected. Meanwhile, blue states like California, Illinois, and New York—previously on track to lose representation—could see those losses softened.

That was the theory at the time. Now we’re seeing some proof it may be playing out.

A new piece in The Times of London offers a telling anecdote: A Miami construction manager witnessed a raid where 15 to 20 federal agents and police officers stormed his job site … and arrested just two undocumented workers. “It was just an obscenely outrageous show of force, over the top, it just seemed like too much,” the manager said.

And that’s with local police support. It’s exactly why Trump’s crackdown struggles in sanctuary cities—no local cooperation, plus mutual aid networks that sound the alarm when ICE is nearby.

In Miami, the consequences are stacking up fast.

First, it’s choking Florida’s booming construction industry. “In January the Associated Builders and Contractors—a trade organization—said the construction industry would need to attract 439,000 workers this year to meet demand,” reported the Times.

Without them? Soaring labor, housing, and construction costs.

But instead of recruiting more workers, Florida is bleeding them. And another Trump action is making things even worse. “The legal workforce is expected to shrink further after the administration succeeded in removing temporary protection status (TPS), a type of immigration status, from 472,000 Venezuelans,” the Times notes. “Hundreds of thousands of people from other nationalities are also likely to lose their TPS.”

Republicans often claim that slashing the immigrant population will lower housing prices. The worst offenders include right-wing Cuban retirees, like Havana-born Jose Martinez, who came during the Mariel boatlift. “Sorry but it’s true, we don’t know who these people are,” he told the Times. “We came here the right way, we came legally. These people are different. Some of them are criminals.”

Apparently, “the right way” meant getting Cold War favoritism that Cubans enjoyed at the expense of every other Latino group. And as any honest observer will tell you, that policy was horseshit. The Mariel boatlift? It included tens of thousands of criminals because Fidel Castro emptied his prisons into Florida.

Here’s the problem for Republicans: Florida’s economy can’t sustain its torrid growth without new housing—and developing new housing requires labor. Instead, labor shortages—and Trump’s tariffs—will jack up costs, deterring people from moving there. In addition, the deportations themselves will further mitigate the state’s population growth, impacting the census count and the state’s projected pickup of four electoral votes and House seats.

And just as I predicted, immigrants are fleeing Florida. That same construction manager? After the raid, another of his crew members—one with legal work status—left for Georgia, where immigration enforcement is lighter.

Los Angeles, despite Trump’s best efforts to crack down, may now become a magnet for immigrants. With tens of thousands of homes needing rebuilding, and no local labor force to do it fast, immigrant workers will go where they can earn and live in peace.

Trump has unleashed policies that are scrambling economic and demographic trends. The fallout could be huge—and it’s unlikely to benefit the people who cheered him on.

Reprinted with permission from Daily Kos.

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