Birthright Citizenship.
I have accepted the notion of Birthright Citizenship ever since I read Alexander Bickel's phenomenal essay.
Bickel is a forgotten legal philosopher who died far too young. His take on birthright citizenship was that "what is not given cannot be taken away," which seems like security for the rest of us.
I've generally agreed with this point, long before it became an issue.
On the other hand, I find it ironic to see all the talking heads and experts telling us (a) that the 14th Amendment is totally clear on the issue and (b) that there are cases from 40 years ago that decided the issue.
In light of the recent Same-Sex Marriage decision, which found a right to gay-marriage in the 14th Amendment, I ask "So what?"
Isn't the teaching of the recent decision that the Constitution is a "living Constitution" that has to evolve with society? Isn't the America of today different from the America of 1866 or 1980? Where is it written that the Constitution "evolves" only in the direction that our liberal elites want it to evolve? If Donald Trump is elected President, why can't he take the position that what was said in the past doesn't matter because times are different now?
So, there it is liberal/progressive Americans - American liberty is threatened by the living Constitution.
This is the world you created.
Bon appetite.
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1 comment:
"Where is it written that the Constitution "evolves" only in the direction that our liberal elites want it to evolve?"
Slam dunk.
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