GOP State Reps Flout Constitution, Challenge 14th Amendment on State Level

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Wednesday, October 20, 2010 at 9:22 am

This summer, Americans who hadn’t studied civics since eighth grade got a refresher on the 14th Amendment when several Republican senators called for its repeal. Now, that push is gaining considerable steam, but on the state level, where Republican state representatives across the country are planning to introduce legislation to deny birthright citizenship to children of illegal immigrants. Leaving aside the wisdom of overturning the amendment designed to counteract the Supreme Court’s Dred Scott decision, the fact that states are taking action to amend U.S. citizenship laws seems wildly unconstitutional.

According to the representatives crafting the legislation, that’s exactly the point:

“If that bill passes, we will be sued immediately. That’s the purpose of the bill,” said Texas state Rep. Leo Berman. “The ACLU, La Raza, the Justice Department — someone will sue us for the bill.”

The next step in his desired outcome is a legal victory. “That lawsuit will go all the way to the U.S. Supreme Court, where some judge is going to read the background and say there are no Supreme Court rulings affirming the 14th Amendment’s current interpretation,” he said.

Elise Foley has the story.

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