So, in your view, is there a need to amend the Constitution, given Brennan’s mendacious footnote??
Absolutely not. IMO, all this talk about legislation and amendment is a red herring.
Although amending the Constitution would be conclusive on the issue, it is not required.
Section 5 of the amendment states: “Section. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”
Even the “new converts” to the illegal alien baby issue, like Lindsey Graham, seem not to be aware of this provision.
The 14th amendment claims on nativity as sole criteria are not absolute. If they were, then it would apply to all babies born in the United States. But children of diplomats do not qualify, nor do children of foreign military stationed in the United States under status of forces agreements.
A true test of a Republican Congress in 2011 would be legislation specifically defining the meaning of “subject to the jurisdiction thereof”. 75% of the citizenry already agrees that anchor babies should not get citizenship. Let’s see if the Republicans are truly listening, or will they fall back to the McCain/Rove/Graham/Bush deafness on illegal alien trespassers.