As we have come to learn in the past
few weeks, the 14th Amendment creates birthright citizenship for “all
persons.” Liberals and many conservatives—for example, George Conway— have been
pushing back on President Trump’s idea to limit birthright citizenship.
What if
liberals and moderates went on the offensive by suggesting broader immigration
rights?
The following is an excerpt from my
research paper… the part in red deals with the idea that the Constitution currently
limits the office of president to people born in the U.S. Talented public figures, ranging from Alexander Hamilton,
Henry Kissinger, and Arnold Schwarzenegger to Madeleine Albright and Ariana
Huffington, have been constitutionally barred from office.
…
The Constitution has shaped the
presidency along racial lines. This effect is more subtle today but was
exploited when President Trump spent years as a private citizen falsely
suggesting that President Obama was born in Kenya. Twenty
million naturalized citizens—mostly nonwhite—are ineligible to be president
because they were born outside the U.S. The fact that twelve of the
first eighteen presidents were slave-owners is evidence that the Three-Fifths
Compromise skewed elections for the nation’s highest office to favor
slave-holding interests. The Constitution’s regulation of the “Migration or
Importation” of slaves is a conflicted expression of the nation’s first
immigration policy: the nation allowed the more benign form of slave
“migration” that was common with French settlers and the brutalizing
“importation” of chattel slavery. The Constitution
drafted in 1787 set the course for a presidency that—for most of the next 230
years— was institutionally inclined to translate the racial animus of white
Americans, particularly white workers, into restrictive immigration actions.
In this context, President Trump’s racially-tinged immigration campaign
messages, closely tied to restrictive immigration policies, should not come as
a surprise: He is a culmination of a flawed Constitution.
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