Why do Republicans want to besmirch the Constitution with bad European ideas?
Repealing the Fourteenth Amendment is the new policy hotness in the GOP presidential race. Too bad it's one of the best things about the Constitution.
The latest craze in the Republican presidential race is abolishing birthright citizenship, in which anyone who is born in the United States is automatically made a citizen. This is a position that has long been a favorite of the party's nativist wing, but was placed front and center when Donald Trump advocated for it in an immigration white paper. Scott Walker agreed, and even Jeb Bush only lamely argued that it would be tactically difficult to enact. Even Bobby Jindal came out against it — only "for illegal immigrants," but it's still a pretty shocking position given that, as the son of legal immigrants, birthright citizenship is the only reason he is a U.S. citizen in the first place.
This makes a notable contrast with the typical way that conservatives approach constitutional jurisprudence. Birthright citizenship is in the Constitution, which is usually presented as a quasi-holy writ (if not actually the work of Jesus Christ himself). It is a text that must be interpreted as originally intended by those who wrote it. There can be no adapting this weird and antiquated text to new circumstances, even if large portions of it were written by 18th-century slaveowners.
It's doubly strange that conservatives would attack the Fourteenth Amendment, which contains the birthright citizenship provision. It's both a source of genuine American exceptionalism — and thus a key distinguishing characteristic between the U.S. and the nations of Europe — and one of the Reconstruction Amendments, which dramatically improved the Constitution. What gives?
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Honestly, before those amendments, the Constitution flat-out stank. One might argue that it was a minor improvement over Britain's constitutional monarchy, which had been developing an increasingly democratic character since the Glorious Revolution of 1688. But on the other hand, presidential democracies are clearly inferior in quality to parliamentary ones. The whole idea of a federation of states is often foolish and sometimes grotesquely unfair. The Electoral College is to this day an embarrassing joke of a process.
But more to the point, before 1865 the Constitution implicitly condoned slavery, and excluded all blacks from citizenship. The Reconstruction Amendments changed it from a document that organized one of the most brutal tyrannies in all of history — the antebellum South — to one that recognized the inherent humanity of all its citizens, in theory at least. The Fourteenth Amendment, by firmly preventing any stripping of citizenship rights from the freed slaves, was key to that process, as was the Thirteenth Amendment banning slavery and the Fifteenth Amendment barring racial discrimination in voting rights.
As historian Eric Foner writes, birthright citizenship really does mark out one area where America is quite different from most of its peers. Among industrialized nations, only Canada and the U.S. still have it. Indeed, with Europe's long history of violent conflict, racial and religious sectarianism, and the subjugation of colonial peoples, being stingy jerks with citizenship status is almost a signature European characteristic.
So if you were dedicated to traditional conservative fetish-worship of the Constitution and suspicion of Old World habits (remember Freedom Fries?), and you also bowed to the universal belief that slavery and Jim Crow were terrible, then it stands to reason that you would think the Fourteenth Amendment was pretty good. If you were concerned with immigration, you might respond that the text is outdated and should be changed — but that's poles apart from the typical conservative view of the Constitution. Indeed, this is how a liberal would go about arguing for the implementation of, say, the Equal Rights Amendment.
If I didn't know any better, it'd be pretty easy to believe that xenophobia is behind the desire to repeal the Fourteenth Amendment, and that "originalism" is merely a veneer of historical legitimacy applied to ordinary political opinions that are basically unconcerned with the content of the Constitution. But that can't be it.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Ryan Cooper is a national correspondent at TheWeek.com. His work has appeared in the Washington Monthly, The New Republic, and the Washington Post.
-
Can AI tools be used to Hollywood's advantage?
Talking Points It makes some aspects of the industry faster and cheaper. It will also put many people in the entertainment world out of work
By Anya Jaremko-Greenwold, The Week US Published
-
'Paraguay has found itself in a key position'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
Meet Youngmi Mayer, the renegade comedian whose frank new memoir is a blitzkrieg to the genre
The Week Recommends 'I'm Laughing Because I'm Crying' details a biracial life on the margins, with humor as salving grace
By Scott Hocker, The Week US Published
-
US election: who the billionaires are backing
The Explainer More have endorsed Kamala Harris than Donald Trump, but among the 'ultra-rich' the split is more even
By Harriet Marsden, The Week UK Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
By Harriet Marsden, The Week UK Published
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
By The Week UK Published
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy
By Harriet Marsden, The Week UK Published
-
1 of 6 'Trump Train' drivers liable in Biden bus blockade
Speed Read Only one of the accused was found liable in the case concerning the deliberate slowing of a 2020 Biden campaign bus
By Peter Weber, The Week US Published
-
How could J.D. Vance impact the special relationship?
Today's Big Question Trump's hawkish pick for VP said UK is the first 'truly Islamist country' with a nuclear weapon
By Harriet Marsden, The Week UK Published
-
Biden, Trump urge calm after assassination attempt
Speed Reads A 20-year-old gunman grazed Trump's ear and fatally shot a rally attendee on Saturday
By Peter Weber, The Week US Published