Federal Law Cannot Overrule Constitution

Turned on my radio just in time to catch just one quick touch of the Sam Granato-Mike Lee debate on KSL. I hold differently than Lee on the 14th Amendment, which says all persons born in the U.S. and subject to its jurisdiction are citizens.

I suggest if you don't like what it says, it takes a constitutional amendment to change it. Mike says those being born in the U.S. of parents who are not citizens can be kept from having U.S. citizenship simply by passage of a federal law.

Statutes do not supersede the Constitution . If we are to respect the Constitution, we cannot do this.

Says the 14th Amendment, "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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Lee indicated that the phrase "and subject to the jurisdiction thereof" places the children of undocumented immigrants outside outside the protection of the 14th Amendment. How so? Those who are subject to the laws of our land are those who are "subject to the jurisdiction thereof." They are subject to our laws. I suggest it is very clear children born of undocumented immigrants are protected by the 14th Amendment.

The 14th Amendment came as a result of the slave question. Interestingly, another section of the Constitution that I would guess came from the slave question, also could be argued as a protection to the immigrant. Says Article 1, Section 9, Clause 1:

"The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight." Note it says migration, as well as saying importation, so it applied not only to the slave question, as people were surely not migrating to the U.S. in order to become slaves.

Why do I mention this? I know there are those who would argue the 14th Amendment is not part of the original Constitution, and therefore not hold it in as high of regard. The migration/importation clause is part of the original, so, the original Constitution did have written into it a protection for the immigrant. True, the Constitution allows for statutes restricting migration come 1808, but so it is that the 14th Amendment came as a result of the Constitution allowing for amendments. We should not fear amending the Constitution when needed, but rather we should be wise and just in the changes we make.

I believe restricting the liberty and pursuit of happiness of those who are doing no wrong is not just. I believe most migrants come to pursue happiness, and many come because of their love of America. These, of all people (a people simply craving to be Americans), should not deprived of citizenship.