Something has bugged the shit out of me about the whole attempt to end birthright citizenship for children born in the US whose parents are visitors or, dear heavens, undocumented migrants. And that's the way those who seek to gut the first section of the 14th Amendment, you know, the one that says, "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," keep wanting to tie it to what they say is the original intent: to make sure that freed slaves and their children are US citizens.
Now, I'm not a historian of the Constitution and I'm not gonna give you my sub-Wikipedia summary of what I know about the Reconstruction Amendments or how the 14th Amendment is also a response to the heinous Dred Scott decision, but I can tell you this: if the congressmen and senators debating this in 1866 (it was ratified by the states in 1868) had intended it to only apply to the children of freed slaves, they would have fucking well said so. It's not like this country was shy about segmenting off populations in its founding legal documents. They decided "all persons," not "all those who were once bound to Service" (to use the language of the Three-Fifths Compromise in Article 1).
The Trump administration's and their ideological fellow fucknuts' argument is, "Well, they meant slaves because that's all they were really thinking about then." It's what Donald Trump himself pissed out over on Truth Toilet: "We didn’t have people pouring into our Country from all over South America, and the rest of the World. It wasn’t even a subject. What we had were the BABIES OF SLAVES." It's what Solicitor General Dean John Sauer said to the Supreme Court this past week: "Our primary contention is that the Citizenship Clause related to the children of former slaves, not to illegal aliens who weren't even present as a discrete class at that time."
Now that's a motherfucker of a thing to say because if you take that logic with the 14th Amendment, that they couldn't have known about undocumented migrants because we didn't define immigrants as "legal" or "illegal," then how does that fuck with the other amendments? The authors of the Bill of Rights couldn't know that arms would advance to the point that one person with an assault weapon can tear the bodies of a classroom full of children to pieces. They just knew muskets, flintlock pistols, and various bladed things. And almost no one was gonna own a goddamn cannon. What about the First Amendment? Would they have been so keen on a free press and free speech if they knew that giant corporations and ultra-wealthy fucks were going to control the press and that certain points of view wouldn't get heard? A Thomas Paine ain't gonna publish enough pamphlets to overcome the Fox "news" shit wave. Maybe they would have guaranteed equal time or something. Who the fuck knows?
In other words, it's a bullshit argument that is, as I said, undone by the fact that they could have limited it but they didn't. Indeed, despite the argument over the "subject to the jurisdiction" phrase, which has been ongoing for years on the savagely white nationalist right, the only way to get around the 14th Amendment is to argue that the children of undocumented migrants aren't actually "persons" by some weird and contorted mad legal reasoning, and, you know, I don't put it past these twatmites to pull that kind of shit and for at least Alito and Thomas to agree as they fellate whatever billionaire is funding their next vacation. (By the way, if they take away the humanity for one group, that can pave the way for shitcanning the rest of the first section of the 14th Amendment, which is about how habeas corpus rights are for every person, not just citizens or legal immigrants.)
But what galls me and what ought to gall everyone is this simple idea: the United States is what it is because of immigration and birthright citizenship. The very concept of "America" is that it's always been a mongrel nation pasted together by people from fucking everywhere, man, all, in theory, working towards that mythical "more perfect union." We're the only country in the world that has even attempted to do this. We're an incredibly diverse, and an incredibly inclusive country, and if you don't see that as a strength, then you don't actually understand who the fuck we are.
And I know, I know, I fucking know that much of this exists in the realm of theory, not practice. I know that, in practice, this country has been dickish and oppressive and violent to every new group that came here (and that's not getting into how we genocided the indigenous population). Fuck, in 1856, the Know Nothing Party accused Democrats of getting Irish and German immigrants naturalized in large numbers so they could vote for James Buchanan (a plainly shitty president, by the way). Fuck, we have the concept of "illegal immigrants" because of a late 19th-century freakout over Chinese immigrants "taking our jobs" or some such shit (or, you know, racism). Hell, in this cursed century, we've seen the mass mistreatment in the United States of people from the Middle East, AAPI people, and the migrants from Central and South America. The vast majority of them are not coming here to fuck anything up or take anyone's jobs. Stephen Miller and his ilk don't believe in this country. We who want immigrants here and welcome them are the ones who do.
That concept is something to strive for. It's worth saying that, yes, we want you to come to this country and we want you to do amazing shit that makes your life better and perhaps the lives of others better and if you have kids here, awesome, they are citizens and they're welcome to the fuckin' party, man. Fucking hell, if I sound like I'm in some kind of punk-ass meltdown over this, it's because one of the few things to be genuinely proud of in this country is that idea, however imperfectly or even badly actualized, that we don't just welcome people from elsewhere, we fucking want you here. And I've seen that lovely idea betrayed over and over in our hysteria over migrants, almost all of whom just wanna come here, do some work, and live their lives, but I've never seen this shit that the Trump administration is trying to do in getting rid of birthright citizenship. We're not a white man's nation. We're not a Christian nation. We haven't been for a long, long time.
As SCOTUSBlog pointed out, during the hearing this week at the Supreme Court, "although the court’s liberal justices were the most outspoken in their belief that Trump’s order [ending birthright citizenship for some migrants] violates the Constitution, there was no support voiced by the other justices for Sauer’s contention that it does not." I'm not holding my breath that the conservatives don't dick the nation over as they have so many times before. But even Brett Kavanaugh was aghast at the logistics of what the Trump administration was asking for. Maybe even they see what we lose when we give up what makes us an actually great country. Or at least one that used to like to pretend it was.