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I'm Not Sure What The Point Is With This

Submitted by Rafique on Wed, 08/18/2010 - 9:54pm

This clip of Sen. Harry Reid from 1993 has been circulating around the blogosphere, of him railing against birthright citizenship. The apparent intent of the clip, judging by the tagline, is his alleged hypocrisy on the issue. Now, my assumptions could be wrong here, but I'm assuming this is being used by opponents of birthright citizenship to bolster their case, but if that's true, I fail to see how this advances their argument an inch. At the very least, Reid has changed his mind, or seen the light, if you want my two cents. At worst, all this shows is that he's a hypocrite, which is plausible, considering his recent behavior, but says nothing about the merits of changing the 14th Amendment. Just sayin' is all.

HT: Althouse

I haven't been paying

I haven't been paying attention to what Reid's been saying recently, but I'd think the main goal is just to stop people from criticizing opponents with labels like 'bigot' and 'extremist'. It forces you to start by asking, 'was Harry Reid a bigot or extremist'? From that point on, I guess, we can have an honest discussion.

Frankly, seeing as the 14th Amendment has a clear position on

birthright citizenship, and this issue has never really come to the forefront until now, I think it's fair to wonder if Reid was taking an extremist position at the time, or Lindsey Graham, now. I do agree that those sorts of labels aren't really useful in discussing the merits of the actual issues involved, so yeah--I'd be happy to do away with them. I mean, it'd really be cool if supporters of comprehensive immigration reform, and opponents of SB 1070 weren't routinely accused of wanting open borders, or amnesty, and those who actually want secure borders, and aren't bigots, weren't labeled as bigots.

It may be a good idea or bad

It may be a good idea or bad idea, but I don't think anyone who's publicly called it 'extreme' has ever given good explanation on why its extreme, they just try to say its extreme by implication. There's a lot of suggestion that people who oppose it want to 'repeal the Fourteenth Amendment' which is obviously ridiculous.

I've read the legal arguments about the Fourteenth Amendment, and the case against the birthright interpretation is that it all depends on what the meaning of 'the jurisdiction of the United States' had tot he people who wrote it. The claim is that it had a similar meaning to 'not subject to any Foreign Power', which is the way in which it was written in a previous civil rights act. They argue the only reason that particular language wasn't put into the amendment, and it speaks about 'jurisdiction', is because they wanted to ensure that Native Americans had citizenship. With that narrow interpretation in mind, they say, the Fourteenth Amendment can be read to exclude people who are visiting (as tourists) or are here illegally.

The credibility of this argument depends on how a court from that era would have understood the meaning of 'jurisdiction', which I haven't seen them try to establish. Even if the writers of the amendment had an intent, it has to be readable in the language of the law. In this case, it depends completely on what a court interpretation would have been at the time.

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