The Constitution is a living document, and I how I know this is that it can be amended. If the framers and founders wanted a Constitution set in stone for all time, they would have included a provision like “This document can never be modified or amended or added to in any way. Suck it, our progeny.”
But no, they included and envisioned an amendment process because they knew society evolves and changes. And so it came to pass that 14th Amendment was passed and ratified, and thus added to the Constitution. You see, once an Amendment is ratified in the necessary manner, it becomes a provision of the Constitution. It becomes the Constitution. It is the Constitution. So Mr. Trump, and all idiot Republicans following his fascist and racist path, the 14th Amendment cannot be unconstitutional, for that is saying the Constitution is unconstitutional.
Now, if you want to change the Constitution, that is all well and good. I want to amend the 2nd Amendment to make it clear that gun ownership can be regulated and if necessary prohibited to certain classes of individuals like felons and the mentally ill. I want to amendment the Constitution to make it clear that money is not speech and campaign contributions can be limited, regulated and disclosed. I know the chances of both being ratified are slim to none in the near term, because the process of amending the constitution is arduous. You need two thirds majorities in both houses of Congress. Then you need three fourths of the states to ratify it. If you fascist Republicans want to end birthright citizenship as found in the 14th Amendment, you have to do it by amendment. And good luck to you, for you will fail horribly. And you should fail, because ending birthright citizenship is the most unAmerican thing I have ever heard of.
What is birthright citizenship? Well, the 14th Amendment says the following: “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.”
That means if you are a citizen if you are born here in the United States or are naturalized as a citizen through the immigration process.
So I keep hearing Republicans say they want to end the birthright citizenship provision because they just hate them so brown anchor babies. But if you are going to strike that provision, what are you going to replace it with?
Only white people of European descent are citizens? Only male property owners are citizens? Only those who have served in the military are citizens?
The reason for the 14th Amendment in the first place was due to the racism of those wanted to disenfranchise African Americans. And it was the Republicans of their day that fought for this amendment, that fought for the citizenship of those who did not look like your white bread framer of the past. And now we have come full circle, with Republicans wanting to end birthright citizenship because don’t want people who don’t look, or act, or speak like them to be citizens.