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Oct 27 - Senior Democrat Warns GOP On 14th Amendment

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-----------------IMMIGRATION DAILY FROM ILW.COM------------------


October 27, 2010


http://www.ilw.com/immigrationdaily/digest/2010,1027.shtm


ITEMS


1. Comment: Senior Democrat Warns GOP On 14th Amendment - There
is a group of Americans which does not like immigrants, not
because they are immigrants, but only because a huge number of
immigrants are not white. As the number of immigrants and their
children continues to rise in the United States, the proportion
of whites in the USA is falling. This scares the racist group,
because they do not want to share political and social power with
those with somewhat more melanin in their skin. Fortunately for
the racists, a not-insignificant number of non-white adults
cannot vote because they are undocumented. Unfortunately for the
racists, however, increasing numbers of the US-born children of
the undocumented are reaching voting age. Naturally, the racists
are terrified, and are now clutching at straws to prevent the
inevitable dilution of political power held by whites. Wouldn't
it be wonderful, the racists' fantasy goes, if many of these
brown-skinned hordes couldn't vote? They thus want to abandon the
ancient common-law doctrine of jus soli (citizenship through soil
of birth), older than our Republic, and one on which our Republic
has always run, in favor of the European doctrine of jus sanguini
(citizenship through blood of ancestors), suggesting that we
transfer to the US the bloody mess of internecine warfare which
has long characterized Europe. Most of these folks would like
nothing better than a law passed by a Republican Congress to dis-
enfranchise the US-born children of the undocumented. However,
some of the legal scholars among the racists have now recognized
that such a law is unlikely to pass constitutional muster, and
that the only hope of realizing the racist fantasy is to re-visit
the 14th amendment which re-affirmed jus soli. In this,
unfortunately, the racists are supported by many GOP leaders who
have suggested that hearings be held in the 112th Congress to re-
examine the 14th amendment.  Immigration Daily has run several
commentaries highlighting the risks of even discussing amendments
to the 14th amendment (see, Fighting Words).
http://www.ilw.com/immigrationdaily/digest/2010,1005.shtm
Put bluntly, there is a small, but serious, risk of violence if
the GOP persists in this mis-guided path. It appears that a few
Americans of vision (unfortunately only Democrats for now) are
speaking out - Politico reports:
http://www.politico.com/news/stories/1010/44218.html
"[Jesse Jackson, Sr., former Democratic Presidential candidate]
told POLITICO: Republican talk about changing the 14th Amendment
is "threatening" and "divisive." Mr. Jackson went on to say:


"Tampering with the 14th Amendment sends signals of states'
rights. It sends signals of backsliding of equality - Even for
them to run on platforms questioning the 14th Amendment, we are
backsliding. Questioning the 14th Amendment, we do not think that
is healthy. A call to rally against these basic amendments is
always threatening."
Mr. Jackson wisely warns "We all have a vested interest in the
security of the 14th Amendment." Immigration Daily here takes the
liberty of expanding on Mr. Jackson's statement: - all of us,
Republicans and Democrats benefit equally from not questioning
the settled meaning of the 14th amendment - all of us,
Northerners and Southerners have an equal interest in the
stability and security of the 14th Amendment.
We commend Mr. Jackson for his wise counsel, and urge Republicans
who see the light on this issue to caution their fellow GOPers
against the foolishness of even discussing amending the 14th
amendment for down that dark path lies much misery to all.


2. Article: Germany and the Failure of Multiculturalism by George
Friedman
http://www.ilw.com/articles/2010,1027-friedman.shtm


3. Article: The Hispanic Vote In The Upcoming 2010 Elections by
Steven A. Camarota and Ashley Monique Webster
http://www.ilw.com/articles/2010,1027-camarota.shtm


4. Article: AILA Calls for the End of the 287(g) Immigration
Enforcement Program by Matthew Kolken
http://www.ilw.com/articles/2010,1027-kolken.shtm


5. Article: Arizona Loses Another Court Battle Over Anti-
Immigrant Law by Greg Siskind
http://www.ilw.com/articles/2010,1027-siskind.shtm


6. News: HUD Issues Final Rule On Violence Against Women Act
Conforming Amendments
http://www.ilw.com/immigrationdaily/news/2010,1027-vawa.shtm


7. News: DOS Issues Final Rule On Exchange Visitor Program
Secondary School Students
http://www.ilw.com/immigrationdaily/news/2010,1027-students.shtm


8. News: Myers Memo On Field Guidance On Enforcement Actions At
Sensitive Community Locations
http://www.ilw.com/immigrationdaily/news/2010,1027-memo.pdf


9. News: USCIS Issues Factsheet For Redesign Of Naturalization
Certificate To Enhance Security
http://www.ilw.com/immigrationdaily/news/2010,1027-factsheet.shtm


10. News: USCIS Issues Q And A On Redesign Of Naturalization
Certificate To Enhance Security
http://www.ilw.com/immigrationdaily/news/2010,1027-redesignqa.shtm


11. News: USCIS Updates H-2B Cap Count
http://www.ilw.com/immigrationdaily/news/2010,1027-h2bcap.shtm


12. Focus: Business Immigration Law
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13. Headline: The Nobel Case for Immigration: 1 in 4 Nobel
laureates are foreign-born. Immigrants, it seems, are chronic
overachievers http://ow.ly/30cEg
14. Headline: Obama Vows to Push Immigration Changes
http://ow.ly/2ZTA5 OK, so where's the TPS4all ?
15. Headline: PERM Book 2d. Ed: Your Book for PERM Rule, Analysis
and Comments, ETA forms, Memos, Roadmaps & Checklists. Get your
copy http://ow.ly/2Mp91
16. Headline: H-1B Visas: A Case for Open Immigration of Highly
Skilled Foreign Workers http://ow.ly/2ZNuy
17. Headline: Obama's immigration answer: Vote for Reid
http://ow.ly/2ZMgj Obama has the power to grant TPS2all, but he
wont use it
18. Headline: Republican Latino candidates are poised to win key
races http://ow.ly/2ZLqN
19. Headline: RT @AP_S_Gamboa Judge in AZ case has own
immigration story: http://t.co/ER2jGme
20. Headline: Immigration hard-liners to lead Judiciary?
http://ow.ly/2ZHMb
21. Headline: Harry Reid aide fired in immigration flap
http://ow.ly/2ZHKQ
22. Headline: CLE Seminar on October 28: Employer Compliance for
Experts: I-9 Completion, Record Keeping. Do not delay, sign-up
today http://ow.ly/2Zwob
23. Headline: Law Firms Feel Pressure From New Breed of
Competitors http://ow.ly/2ZFz7
24. Headline: Immigration Reform: Election 2010 Legislative Issue
Major Topic http://ow.ly/2ZABE
25. Headline: Immigration Issues Galvanize Hispanic Voters: they
converged on the State Capitol to show their opposition
http://ow.ly/2ZArF


To submit an Article or a news item to Immigration Daily, write
to mailto:editor@ilw.com. Follow ILW.COM on Twitter:
http://www.twitter.com/ilwcom
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_________________________________________________________________
ReadersWrite


1. ReadersWrite: Yesterday's Discussion
http://blogs.ilw.com/immigrationdaily/2010/10/26_are_you_linkedIn.html#comments


2. ReadersWrite: Today's Discussion
http://blogs.ilw.com/immigrationdaily/2010/10/27_Senior_democrat_warns_GOP_on_14th_amendment.html#comments


To submit an Article for consideration, write to
mailto:editor@ilw.com
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ComingsNGoings


ComingsNGoings: Immigration Event Newark, NJ, November 6 - US
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proud to host "Immigration Conference 2010." This conference will
consist of information sessions with USCIS, DOS, CBP, DHS and
ICE. The purpose of this event is to enhance relationships and
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Leslie_Tejada@lautenberg.senate.gov.


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Comments

  1. Dr. John L. Minnella, Santa Ana, Ca's Avatar
    Response to Today's "Comment: Senior Democrat Warns GOP On 14th Amendment"

    This article is totally?lacking in any kind of?reference to who these imagined, ambiguous "racists" are who fear the growing numbers of non-whites. The only reference seems to be to Politico, a far from neutral source of information.
    There may be a few dozen crackpots out there who still are "racists", but?I doubt you can identify?any specific people and doubt any significant number of people take them seriously. I must say, I have never heard such fears in recent
    (within the last 40 years) times and that it is libelous to suggest as you do that those who question?the advisability of the 14th Amendment are anything but patriotic Americans thinking?and expressing themselves in good faith. Personally, I do think that the 14th Amendment is just fine as it is; that those who?benefit from it in modern times are really rather limited; and that any attempt to do away with it will not get far. But those who wish to discuss the question of its advisability should feel entirely free to discuss the matter and should not be, as seems usual whenever certain "sacred" subjects are mentioned, threatened with the worn out "racist" label. ???

    Sincerely,

  2. Sam's Avatar
    @Mr. Minnella:

    You are surely welcome to your opinion, and we have no problems with folks disagreeing with us on this blog.

    Just one point of clarification: We have no problems with ***who*** discusses the 14th amendment, rather our problem is ***where*** this discussion takes place. Should Congress choose to discuss the 14th amendment, and even if Congress is presumed to consist only of patriotic Americans, we fear evil consequences flowing therefrom.

    - Sam Udani

    Disclaimer: I write under my personal moniker, but editorials here are a team effort. Naturally, as Publisher, I take full responsibility.
  3. Roger Algase's Avatar
    ID is absolutely on target in its comments on the racism behind the movement to abolish the 14th Amendment's guarantee of birthright citizenship. As I once pointed out in an ID article dealing with the 1898 US Supreme Court case of Wong Kim Ark, still the leading decision on the meaning of the 14th Amendment, that decision itself had to deal with racial issues.

    The (successful) claim of birthright citizenship in that case was made by a US born person of Chinese ancestry, who would have been excluded from the US under the Chinese Exclusion Act if the narrow reading of the 14th Amendment urged by the minority opinion in that case had been adopted.

    In the dissent, the minority complained that giving a broad interpretation to the 14th amendment would make it too easy for US born children of the "Mongolian" or "Malay" races to be US citizens. Read "Hispanic" "Black" or "Asian" instead, and you have today's right wing Republican thinking on this issue in a nutshell (or a nutty shell).

    However, there may be a method to the madness of some of the right right wing extremists in trying to put through a law restricting birthright citizenship, even though it flies in the face of the Constitutional guarantee. This would be the hope that today's ultra-Conservative Supreme Court majority ("radical right" is a better term) might decide to "revisit" Wong Kim Ark and overturn 112 years of well settled legal precedent that goes to the heart of our democracy.

    The argument might be that the "original intent" of the framers of the 14th amendment was merely to overrule the Dred Scott decision saying that African-Americans could not be US citizens, but that they had no intention to protect Latin-Americans, Asians, or anyone other than the descendants of former slaves. The fact that such an argument would be absurd in the light of its effect on America's diverse society in the 21st Century need not bother the right wing bloc. Similar arguments based on the actual effects of a decision have not carried much weight with these Justices in recent Constitutional cases dealing with political contributions or gun control, for example.

    Amending the Constitution might not be necessary to accomplish the goals of America's racist anti-immigrant movement.
  4. tim houghtaling, long retired ins ssa's Avatar
    Race baiting, Mr. Editor?

    Dear Editor;

    I generally enjoy ilw daily missives. Most have more than enough "news" to warrant aggravation from a few opinionated but not reasoned regulars.

    Your piece today "Oct 27 - Senior Democrat Warns GOP On 14th Amendment" takes the cake. It is written as if the article is entirely your opinion and position in life .... that anyone who questions the wisdom of US citizenship by virtue of birth" is nothing more than the lowest of low racists. To call one a racist is a serious charge not to be taken lightly.

    Is this opinion yours or that of the famous corporate shake down master Jessie Jackson?

    How unbecoming and without reason.

    I haven't established an opinion of the matter but comprehend two things ...

    one that the US is practically alone in the world by granting citizenship by birth (think of the fifth generation Palestinians in all Arab lands granted identity cards not passports regardless of where they, their parents, and grandparents being born in the same country.)
    and two, there are thousands, perhaps millions of citizens of the United States who are fed up with the inability to enforce the rule of law. To argue they see only through the looking glass of racism is beyond reality. Most simply see the (real life) stories of pregnant women crossing the border for no other reason than to drop their newborn on US soil as perfect example of the failure of the federal government to establish and maintain orderly migration to these United States.

    Mr. Editor you are better than slushing around in the muck and slime of race baiting dim wits.
  5. Roger Algase's Avatar
    One good way to avoid being called a racist over the immigration issue is not to post any racist comments about women coming over the border to "drop their newborn" on US soil. Just as a friendly reminder about basic English vocabulary for anyone concerned with enforcing our laws and protecting our sovereignty, us gringos like to talk about animals dropping their newborn. Human beings give birth.

    As the ancient Romans used to say, "Verbum sat sapientis". Oh, my goodness - forgive me for using a foreign language expression. How un-American!
  6. Tim Houghtaling's Avatar
    For what it is worth, another opine on editor & Jacksons' all who question are racist

    I put your philosophical rantings acclaimed to jessie Jackson to another party. that well balanced friend offered the following:

    Put bluntly, there is a small, but serious, risk of violence if
    the GOP persists in this mis-guided path. It appears that a few
    Americans of vision (unfortunately only Democrats for now) are
    speaking out - Politico reports:

    In my view this type of rhetoric is way beyond letters to the editor. I have referenced a paragraph from the article because I believe its prophecy to be true. In the opinion of the writer most whites are racist. Since I am a conservative, male and white I must be a racist. I oppose current immigration policies and want them changed for the economic and political survival of the nation. This policy decision makes me a racist because it opposes the opinions if those wanting open borders, free health care, employment, automatic citizenship, and all other benefits accruing from being a lawful citizen.

    No matter how I have lived my life; no matter how I was taught by non racist parents and teachers; no matter how much I claim equality and freedom for all regardless of skin color; no matter how many blacks and Hispanics I have befriended and mentored, I will still be considered a "racist" along with all my "white" friends. So, to those who unjustly threaten me with violence, I say bring it on because I would rather die then concede governance to the mindless bigots and race baitors ... And this to the fool who wrote the article -- be very, very careful of what you wish for.
  7. Sam's Avatar
    @Mr. Algase:

    Without disagreeing with anything you have written, I believe Jus Soli does not need Wong Kim Ark. On jus soli, the 14th amendment merely re-stated long-settled principle in America, even before our Republic was created. The original intent of the framers of the 14th amendment is discussed here:
    E Pluribus Unum: Well Maybe Not Everybody - Towards A Re-Examination Of Birthright Citizenship by Gary Endelman
    http://www.ilw.com/articles/2006,0502-endelman.shtm

    - Sam Udani
  8. Sam's Avatar
    @ Mr. Houghtaling:

    Without responding to all that you have written, may I state the following two points:

    (1) I strongly believe in American exceptionalism, the claim that the rest of the world does something is not a valid reason for America to do it.

    (2) Never has Immigration Daily ever claimed that all whites are racist, nor will we ever make that claim.

    - Sam.
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