John McCain really doesn't want to talk about the 14th Amendment.
In the final moments of a morning press conference about the stimulus, cohosted by Sen. Tom Coburn (R-OK), McCain asked for one final question from reporters...which happened to be about the 14th amendment and birthright citizenship. McCain abruptly ended the press conference.
"We're talking about the stimulus right now," McCain said, before darting off to the elevators down the hall from the Senate studio, where he again declined to take a question. Reporters eventually caught up with McCain in the basement of the Capitol, where he was walking toward to the man-operated train connecting the Senate with the Russell office building.
TPMDC asked, "Do you support the Minority Leader's push for hearings into the repeal of birthright citizenship?"
"Sure, why not?" McCain said briefly.
"Do you support the idea itself?"
"I support the idea of having hearings," McCain said.
"Do you have a problem with the 14th amendment?" another reporter asked.
"You're changing the constitution of the United States," McCain said. "I support the concept of holding hearings."
"I support the concept of holding hearings," McCain repeated, turning to the rail car conductor.
"Let's go!" he snapped.
"I don't have anything to add to that."
As opposed to his colleague, Tom Coburn:
"If you go back to the history of the 14th amendment, why was it passed, why did we take away from states the right to give citizenship and give it to the federal government, it was because we were worried states would disenfranchise newly freed slaves," Coburn told reporters. "There was never an intent by our founders, nor if you take the readings, that just because you were here and you have a child born here and you were here not as a resident, that your child would become a citizen. So, I think it's an interesting thing to look at I'm not sure I'm going to embrace it but might. I think we need to look at it."
Ah, intent of the founders. Or, in this case the Supreme Court that decided Dred Scott. Here's BTD:
To refresh our memories, let's look at the first line of the Fourteenth Amendment, which is what Republicans are focused on now (they hate the whole thing of course):
All persons born 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.
The Fourteenth Amendment was ratified in July 1868, by the Reconstruction Congress, and the the line quoted above was intended to overturn the infamous Dred Scott decision which decided this question:
The question is simply this: Can a negro, whose ancestors were imported into this country, and sold as slaves, become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities, guarantied by that instrument to the citizen?
The Dred Scott Court answered that no, "a negro, whose ancestors were imported into this country, and sold as slaves" could not become citizens of the United States even though they were born in the United States. The Fourteenth Amendment overturned Dred Scott.
Today, the GOP wishes to revisit the question, reformulating the question as follows:
The question is simply this: Can a person whose ancestors were not in the country legally become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities, guarantied by that instrument to the citizen?
The GOP would, like the Dred Scott court, answer in the negative. That the status of the parents is determinative of whether someone born in the United States could be a citizen.
So yeah, let's have those hearings, and have the Republicans argue yet again for taking us back to 1868. That would certainly be politically productive for the Dems.