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Arizonan's Target: US-Born Kids' Citizenship
PHOENIX - Emboldened by passage of the nation's toughest law against illegal immigration, the Arizona politician who sponsored the measure now wants to deny U.S. citizenship to children born in this country to undocumented parents.
State Sen. Russell Pearce, sponsor of Arizona's tough new immigration law, is behind latest effort. (Ross D. Franklin / AP)
Legal scholars laugh out loud at Republican state Sen. Russell Pearce's proposal and warn that it would be blatantly unconstitutional because the 14th Amendment guarantees citizenship to anyone born in the United States.
But Pearce brushes aside such concerns. And given the charged political atmosphere in Arizona, and public anger over what many regard as a failure by the federal government to secure the border, some politicians think the idea has a chance of passage.
Earlier this year, the Legislature set off a storm of protests around the country when it passed a law that directs police to check the immigration status of anyone they suspect is in the country illegally. The law also makes it a state crime to be an illegal immigrant.
The measure, which takes effect July 29 unless blocked in court, has inflamed the national debate over immigration and led to boycotts against the state.
An estimated 10.8 million illegal immigrants were living in the United States as of January 2009, according to the Homeland Security Department. The Pew Hispanic Center estimates that as of 2008, there were 3.8 million illegal immigrants in this country whose children are U.S. citizens.
Pearce, who has yet to draft the legislation, proposes that Arizona no longer issue birth certificates unless at least one parent can prove legal status. He contends that the practice of granting citizenship to anyone born in the United States encourages illegal immigrants to come to this country to give birth and secure full rights for their children.
The 14th Amendment, adopted in 1868 in the aftermath of the Civil War, reads: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside."
But Pearce argues that the amendment was meant to protect black people.
John McGinnis, a conservative law professor at Northwestern University, said Pearce's interpretation is "just completely wrong." The "plain meaning" of the amendment is clear, he said.
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19 Comments so far
Show AllThe Fourteenth Amendment is the same legal loophole that allowed Corporations to become the dire threat they are.
This idiot may have just us the ability to 'kill' Corporations, since as a legal fiction they were never 'born' in any physical way.
This will be the easiest bill to overturn .
Unless Mr. Pearce wants to amend the constitution to repeal the 14th amendment and replace it with one that adds "except for Mexicans."
Thing is, this could lead to refusing to issue brith certifcates to Children of felons , the mentally ill , or anyone else the public decides to not like .
"This will be the easiest bill to overturn .
Unless Mr. Pearce wants to amend the constitution to repeal the 14th amendment and replace it with one that adds 'except for Mexicans.'"
Don't be too sure. The conservatives have been spending the last 30 years wiping their ass with the constitution. This may be a golden opportunity for the republican controlled court to get rid of a lot of democratic voting Mexican Americans.
Neo-Nuremburg Laws
Here's some info from Wikipedia about Mr. Pearce:
In October 2006, Russell Pearce forwarded an email from National Alliance, a white separatist group, to a group of supporters. The email titled "Who Rules America" [10] criticized black and white intermixing and Jews in the media for promoting multiculturalism and racial equality, for depicting "any racially conscious White Person" as a bigot, and for presenting the Holocaust as fact.[11] He quickly apologized. The article reports, "He does not agree with the sentiments in the article, but that the title and the first paragraphs about media bias appealed to him. He said the article had been forwarded to him by someone else and he would not have sent it if he had read it in its entirety."[11] He stated in one of his apologies, "Ugly the words contained in it really are. They are not mine and I disavow them completely. Worse still, the website links to a group whose politics are the ugliest imaginable."[11]
Pearce was also criticized for his association with white supremacist J.T. Ready.[12] Pearce endorsed Ready for Mesa City Council in 2006[13] and appeared with him at several rallies.
Pearce has since indicated he was unaware of Ready's neo-Nazi affiliations at the time he made the endorsement.[14]
In April 2008, Pearce sponsored a measure, Senate Bill 1108, that would prohibit students of Arizona universities and community colleges from forming groups based in whole or part on the race of their membership. Pearce said he didn't want students indoctrinated with progressive ideologies. Critics have stated that the bill would ban groups that serve minority interests such as the Mexican American study program and the Black Business Students Association.[15]
[edit]Personal life
Russell Pearce lives in Mesa, Arizona[16] with his wife, LuAnne. He has five children, Dodi, Sean, Colten, Justin, and Joshua.[1] In 1980, LuAnne filed a petition for dissolution of marriage alleging that he: "is possessed of a violent temper, and has from time to time hit and shoved the wife, when he grabbed the wife by the throat and threw her down."[17] However, LuAnne reconciled with her husband and they remain married to this day. Wikipedia
Russell Pearce has been trying to introduce neo-conservative, fascist legislation into Arizona for decades. The time is finally right, for the United States is going through an economic meltdown (caused by deregulators such as himself). Like Hitler, Pearce and his ilk offer ready solutions, and scapegoat minorities such as Hispanics, Blacks, and Jews. Pearce has an uncontrollable temper and is a wife beater and gun advocate. He is a very dangerous man. The sooner he is squelched, the better.
Does he propose to overthrow the constitution by force and violence?
I am quite sure that if you were to probe Senator Pearce's family history, I just know you are bound to find an anchor baby somewhere in his past! So are these laws retroactive? On the entire family? All the way back to England, or where ever Senator! Just asking.
The citizenship law contained in the 14th amendment was passed after the civil war to protect the rights of former slaves and stop claims they were not citizens.
Sen. Pearce's suggestion is completely unconstitutional and if you were born in the United States you ARE a citizen unless the 14th amendment is changed. Good luck on that one Senator!
If he is stupid enough to propose it, I doubt the Legislature is stupid enough to pass it. Why would they want to look as ignorant as he is? Maybe someone should send him a copy of the Constitution.
Pearce is Arizona's J. B. Stoner.
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I'm an unapologetic contrarian on this.
The guy's motives might be impeachable, but the goal is a good one: people should not get citizenship simply by being born here. That provision privileges the citizens of non-island countries in the Americas, who need not come through any border checkpoint.
However, *we* are not similarly privileged in any of *those* countries.
"Citizenship at birth for all" is a racist provision, given that the remnants of the aboriginal people, survivors of our genocide, didn't get citizenship til 1924, and that Black folk some of whose families have been here *350 years* are still kept from the full benefits of citizenship.
But citizenship-at-birth is very very serviceable to the elites. Steady supply of peon labor, no worries about their *ahem* complexion. Good gracious, sakes alive...could that be why it's never been revoked? Huh? Could it?
I pay taxes in Arizona. My house is here, so I guess this is where I live, in a small liberal enclave near Tucson, surrounded by people who see no contradiction between their fundamentalist Christianity and the breaking up of immigrant families, presided over by a legislature composed, as the current Harper's article correctly states, almost entirely of dimwits, racists and cranks. It looks like the Tea Party, in spite of the obvious damage already done to our economy and our collective sanity. will take the place over completely this fall, and I've decided I'm for it. The country desperately needs a showcase of right wing republican governance, a visible eyesore of foreclosed homes, shuttered businesses and boarded up schools, abandoned parks and rest areas, privatized prisons, out-of-control racist cops and a border that rivals the Berlin Wall for allover creepiness. Arizonans are broke, terrified, mired in ignorance and archaic ideologies and cringing hatred and fear. I think these nimrods should be allowed to show us what they've got - a working model of the America they'd like to see. I'm tired of stonewalling their pathetic agenda. I'm tired of promoting kindness and generosity in infertile soil. It's a death of a thousand cuts. I'm voting for Brewer and Hayworth. When they sell off the State Park next door I'll probably cash in as well. Maybe they'll let me into Europe where they still have trees and schools and health care. Or maybe pop down to Mexico and start a little drug cartel.
As the economic crisis in this country grows and causes great misery to working people, the reactionaries with full support of neo-liberals are targeting three distinct groups for legal terrorism: 1) Immigrants from Mexico and Latin America, 2) Muslims, regardless of ethnicity, race or place of origin and lastly; 3) Gays and lesbians regardless of race, color or creed.
It doesn't take a rocket scientist to figure out who the culprits are for causing the current Depression. Wall Street and it's affiliated banks, insurance companies and other like minded corporations still laugh all the way to the bank as our nation goes belly up! In order to keep the heat off of their guilty behinds, they fan hysteria, hate and injustice towards the aforementioned groups. Neat trick, because it works. Hitler did it in Germany during the last great depression and corporate America is doing it again!
My fellow citizens (and non-citizens) we must awaken from our dream that the U.S. is the land of opportunity, freedom and liberty! The reality is that we have moved at a very fast pace to become the world's largest nation with fascist tendencies! Neither the DP or the RP will do anything to stop the progression of fascism in the U.S. Neither political party will do anything to defend the rights of the people of the U.S. Therefore we must defend ourselves! We must form our own people's political party/movement!
The writing on the wall is crystal clear; WE ORGANIZE A RESISTANCE or WE GO DOWN!
George Markley sums up the intent of Pearce. Pearce is using the unknown specter of immigration to justify his racism. He is capitalizing on the need for people of means to keep their stuff –Tea Party ramblings. This reeks of exclusiveness, elitism and snobbery. OK so he looks like a white dude, duh, so he is insecure, fomenting and capitalizing on the infirmary of his lack of security. His solution is to steal from the poor, the huddled masses, those yearning to breathe free. Oh my god! Freedom is for old white people.
So, let the supreme court decide.
At least it will get a public airing.
kids are kids are kids. kids are the future, why do we want them unhealthy and under-educated? That your kids are grown does not free you from impacting the future, positively or negatively. how we treat kids now will create the social environment for the future -- even for those kids who were lucky enough to have been born with an abundance of resources and advantages. If we do not see the future as the sea upon which all boats can float higher, we will just leave a mess for all of them because they'll all still be there. No fortune can survive unshared because no fortune can be created without the help, sustenance and recognition of others.
I repudiate Mr Pearce and all he represents. If I could take back all which my family has contributed to his life, I would, if only for the symbolic value. Our nation is the result of cooperative effort, assisted by individual effort, not the other way round.
Our nation is the result of cooperative effort, assisted by individual effort, not the other way round.
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Absolutely right, and well-said.
But why should a certain foreign group be privileged?
Note how hard it is, for example, for people from Haiti to come here. For 200+ years we've consistently kept the people in a state of near-slavery in that (nominally) second-oldest American-hemisphere republic, so if we have some kind of ethical obligation to *any* foreign group, Haitians have to be first in line. Yet the barriers -physical and legalistic- to their migration are far higher than for those who can (somehow) walk across the Mexican border.
Where's the justification for tacitly allowing one group access to The Prize (citizenship) but denying it to others?
Check out other countries where you have to be 18 years of age before you are considered a citizen in the country you were born in. People walking over the border to give birth should not autamatically receive citizenship. They should have to qualify the same as any other foreigner-alien.
The American Liberty League, [ 1934]- similiar to the Tea Party Movement of today, along with the wealthy like Prescott Bush, duPONTs and such, had intended to overthrow the government,-of FDR ]- and implement hitlerian policies, and it seems to be now occuring. How soon before everyone will only be accepted if chalky white? That means Jesus had better not come back, because he was a Middle Eastern of brown skin.