Arizona may repeal Fourteenth Amendment

If a small group of activists (mostly wealthy landowners) has its way, Arizona might repeal the Fourteenth Amendment - all by its lonesome.

If enough signatures are collected or if the legislature approves, Arizona voters may face a referendumb that would attempt to block U.S. citizenship from children born in Arizona to undocumented immigrants. If it passes, the state would stop issuing birth certificates to these children - despite their being born in Arizona.

The initiative's declaration of purpose accuses the state of "awarding the full privileges of United States citizenship of all persons born in the state without regard for the clear and equal requirements of federal law that a person born in the United States, shall citizenship be bestowed, shall not be subject to any foreign power and owe direct and immediate allegiance to the United States."

Um, no. Read the Fourteenth Amendment sometime. That amendment 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." All persons. All. No exceptions, as long as they're subject to U.S. jurisdiction - which in this case they are. If a person is in the U.S. and remains in the U.S., they're under U.S. jurisdiction. They have to obey U.S. law. If you're a U.S. citizen, and you visit another country, are you immune from that country's laws? A person born in the U.S. and residing in the U.S. is under U.S. jurisdiction, so they're U.S. citizens. Period. (Foreign diplomats' offspring are not granted citizenship because they have diplomatic immunity.)

But Constitution skeptics remain undeterred! State Rep. Russell Pearce, a Republican, says that while the Fourteenth Amendment protects former slaves, "it has nothing to do with aliens." Hate to burst your Bazooka bubble with a broken twig as it expands to head size, Russell, but a person born and living in the U.S. isn't alien.

I think that even if the initiative somehow passes, the courts will probably toss it as unconstitutional. But if the measure stands, think of the scary precedent it may set: Other states will be encouraged to ignore not just the Fourteenth but also other amendments (as if they don't already).

(Source: http://www.signonsandiego.com/news/nation/20071203-1556-wst-illegalimmigrants-birthright.html)