Wednesday, October 31, 2018

Trump has One of the Writers on His Side

  President Trump has been widely ridiculed for suggesting the Fourteenth Amendment does not grant birthright citizenship. He shouldn't be. Disagreed with, yes; Ridiculed, no.
    One of the writers of the amendment agreed with him.
    Jacob M. Howard, arguing for inclusion of the phrase, "and subject to the jurisdiction thereof," said the Fourteen Amendment, "will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include every other class of person."
   There you have it: According to Howard, those getting citizenship "will not, of course, include persons born in the United States . . . who are foreigners, aliens, who belong to the families of (such people)."
   It appears clear that Howard, in getting the words, "and subject to the jurisdiction thereof," inserted into the amendment intended the law to do exactly what Trump wants it to do: Exclude children born here of "alien" parents.
   You may argue that if you read the amendment, no, it doesn't exclude birthright citizenship (and I will), but you should not believe Trump does not have a good argument. With no less than one of those who helped draft the amendment on his side, Trump's belief holds substance. Disagree with him -- though we may -- we should acknowledge Trump's argument has basis. The weight of Howard's words will have to be taken in the balance if this ever goes to court. (And, it most likely will.)
  I will add this, however: That one of those on the committee for the Fourteenth Amendment felt this way, does not mean they all did. Others might have felt differently, but allowed the words, "and subject to the jurisdiction thereof," to be included because they did not feel they achieved what Howard was intending. And, even if the others did agree with Howard, if the words say one thing, that is what they say, regardless of what you intended. If you wanted birthright citizenship, you should have used words that parrot those that Howard used in his speech. Just come out and say it, perhaps the wording being,  "Citizenship is not automatically extended to those born in the United States to parents who are not citizens themselves."
   Say what you mean, if you want it to mean what you mean.

(Note: Edited 11/1/18)

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