Citizenship of the United States is a big deal. At the founding of our nation, we had no history, no process for becoming a citizen. It made sense to define citizenship broadly to include people born in the USA.
The Supreme Court, in the worst decision in US history, held that no black person, born slave or free in the US, could ever be a US citizen. See Dred Scott v. Sandford (1857). This egregious holding was a substantial factor for the civil war in 1861. The decision was overturned by “we the people,” making a more perfect union, by adopting the 14th amendment, guaranteeing citizenship to all persons born in the US, without regard to race.
This birthright citizenship provision in the Constitution is no longer needed, a century and a half later, to protect from racial discrimination. Many generations of birthright citizenship, has accomplished its intended purpose. Now, it has become inconsistent with the important status of citizenship itself. A child born in the USA, even from parents who are illegal alien terrorists, is automatically a US citizen, without exception or argument to the contrary.
Birthright citizenship now has no merit and makes no sense. Foreigners fly pregnant spouses to be temporarily in the US during childbirth, which automatically provides citizenship to the child, which then makes it extremely awkward for the parents to remain non-citizens. Illegal aliens have the same motivation to unlawfully give birth in US, and then force the law to either grant citizenship to the parents, or at least take care of the illegal aliens’ child, who is now a US citizen, subject to all the rights, privileges and immunities that come with US citizenship.
Without regard to the issue of one’s approach to immigration, the issue of citizenship should be more intentionally decided. The location of the mother at the instant of birth is of little or no consequence to the question of citizenship. All children born of US citizens should automatically be citizens, without regard to where they were born. Aliens who go through the process of lawful naturalization should be citizens. Children of non-citizens, without regard to where they were born, should be required to go through the same naturalization procedures as the parents.
Consistent with the examination of what it means to be a US citizen, there should also be a process that recognizes that citizenship comes with responsibilities. There should be a procedure that takes away citizenship from a person who fails to meet these responsibilities.
This process should be limited and carefully controlled to avoid abuse and to provide equal protections essential to our founding principles. To say a person retains status and protection of US citizenship, no matter how badly they abuse that right, is neither necessary nor appropriate.
The following amendment removes birthright citizenship and establishes a thoughtful and restricted process for taking citizenship away from persons who do not respect or deserve that continued special status. Even those born in the US should be subject to this process in appropriate circumstances.
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States regarding presidential pardons.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, two-thirds of each House concurring therein,
That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:
ARTICLE I
SECTION 1. The 14th Amendment, Section 1, Clause 1, is amended to read: “All persons born of citizens 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.”
SECTION 2. Any citizen of the United States shall no longer be citizens upon recommendation by the Governor and Attorney General of any state, the approval of the President of the United States, and consent of the Senate, provided two-thirds of the Senators present concur.
SECTION 3. The number of persons, of any race, religion or national origin, recommended for loss of citizenship in any state shall not exceed the proportional number of any members of the race, religion, or national origin of the population in the state.
SECTION 4. Congress shall have the power to enforce this article by appropriate legislation.
