Day by Day Cartoon by Chris Muir

Thursday, August 20, 2015

Bad news from HuffPo contributor -- Changing the Constitution to end birthright citizenship would be unconstitutional

From Hot Air:
I’m torn between thinking this is one of the most inane legal analyses ever to come out of a lefty blog and that it’s simply the logical conclusion of the “Living Constitution” ethos. If the Constitution is just a vehicle for judges to impose their moral preferences on the majority, why should they let a constitutional amendment stand in the way? If America passed an amendment tomorrow overturning the gay-marriage ruling in Obergefell, I’d say there’s a nonzero chance that some liberal judge somewhere would decide that that amendment simply can’t be read consistently with the Equal Protection Clause and therefore is “moot” or whatever.
It turns out that the very idea of amending the Constitution to end birthright citizenship for the children of immigrants — a move that squarely targets Latinos — would probably be found unconstitutional. The same would be true for a Republican-backed bill with a similar goal that’s pending in Congress…
Sorry, but you can't use that argument. It's been tried in California and it's always a loser.

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