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sarah FAILIN

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Member since: Thu Oct 16, 2008, 09:27 AM
Number of posts: 2,855

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Have you had to deal with a lot of anti 14th amendment bs?

I have and the right wingers sre sure that the Supreme Court is going to strike down birthright citizenship. I fouND something that might have shut the assholes up and wanted to share it with you guys in case you need the link. My apologies for a long post, but it seems important. This is the discussion that was taking place during the hammering out of the 14th amendment. If you have to deal with the same kind of assholes I do, I hope this helps you. The ones I know are scaring the piss out of me to be honest. They are posting maps like they are making some sort of big militia plan.
During the debates in the Senate in January and February, 1866, upon the Civil Rights Bill, Mr. Trumbull, the chairman of the committee which reported the bill, moved to amend the first sentence thereof so as to read,

All persons born in the United States, and not subject to any foreign power, are hereby declared to be citizens of the United States, without distinction of color.

Mr. Cowan, of Pennsylvania, asked, "Whether it will not have the effect of naturalizing the children of Chinese and Gypsies born in this country?" Mr. Trumbull answered, "Undoubtedly," and asked, "is not the child born in this country of German parents a citizen?" Mr. Cowan replied, "The children of German parents are citizens; but Germans are not Chinese." Mr. Trumbull rejoined: "The law makes no such distinction, and the child of an Asiatic is just as much a citizen as the child of a European." Mr. Reverdy Johnson suggested that the words, "without distinction of color," should be omitted as unnecessary, and said:

The amendment, as it stands, is that all persons born in the United States, and not subject to a foreign power, shall, by virtue of birth, be citizens. To that I am willing to consent,[p698] and that comprehends all persons, without any reference to race or color, who may be so born.

And Mr. Trumbull agreed that striking out those words would make no difference in the meaning, but thought it better that they should be retained to remove all possible doubt. Congressional Globe, 39th Congress, 1st sess. pt. 1, pp. 498, 573, 574.

The Fourteenth Amendment of the Constitution, as originally framed by the House of Representatives, lacked the opening sentence. When it came before the Senate in May, 1866, Mr. Howard, of Michigan, moved to amend by prefixing the sentence in its present form (less the words "or naturalized", and reading,

All persons born in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State herein they reside.

Mr. Cowan objected upon the ground that the Mongolian race ought to be excluded, and said:

Is the child of the Chinese immigrant in California a citizen? . . . I do not know how my honorable friend from California looks upon Chinese, but I do know how some of his fellow citizens regard them. I have no doubt that now they are useful, and I have no doubt that, within proper restraints, allowing that State and the other Pacific States to manage them as they may see fit, they may be useful; but I would not tie their hands by the Constitution of the United States so as to prevent them hereafter from dealing with them as in their wisdom they see fit.

Mr. Conness, of California, replied:

The proposition before us relates simply, in that respect, to the children begotten of Chinese parents in California, and it is proposed to declare that they shall be citizens. We have declared that by law; now it is proposed to incorporate the same provision in the fundamental instrument of the Nation. I am in favor of doing so. I voted for the proposition to declare that the children of all parentage whatever, born in California, should be regarded and treated as citizens of the United States, entitled to equal civil rights with other citizens of the United States. . . . We are entirely ready to accept the provision proposed in this Constitutional Amendment that the children born here of Mongolian parents shall be declared by the Constitution of[p699] the United States to be entitled to civil rights and to equal protection before the law with others.

Congressional Globe, 39th Congress, 1st sess. pt. 4, pp. 2890-2892.

[link:https://www.law.cornell.edu/supremecourt/text/169/649|
Posted by sarah FAILIN | Mon Nov 5, 2018, 08:39 PM (5 replies)

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