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It may not be as oft-quoted as the First Amendment or as contested as the Second Amendment, but the 14th Amendment to the United States Constitution plays a critical role in supporting some of our closest-held notions of American freedom and equality.For one, it clearly states that American citizenship is a birthright for all people who are born on American soil -- something that President Donald Trump has announced he wants to end. Not only would this unravel 150 years of American law, it would loosen a significant cornerstone of the Constitution's interpretation of American identity.In order to better understand this part of the 14th Amendment, we asked two experts in constitutional and immigration law to walk us through the first section. The amendment has five sections, but we will only be dealing with the first, which contains the Citizenship Clause and three other related clauses.But first, some historyThe 14th Amendment is known as a Reconstruction amendment, because it was added to the Constitution after the Civil War in 1868. That places it at an important historical crossroads, when lingering wounds of divisiveness and animosity still plagued the nation and the reality of a post-slavery America begged contentious racial and social questions."Thomas Jefferson said men were created equal, but the original Constitution betrayed that promise by allowing for slavery," says Jeffrey Rosen. "The 13th, 14th and 15th amendments were designed to enshrine Lincoln's promise of a new America."However, as so often is the case, this reaffirmed American ideal fell short of reality. Rosen notes that issues of civil rights and equal treatment continued to be denied to African Americans, LGBT people and other citizens for more than a century after the amendment's ratification.And Erika Lee points out that Native Americans weren't even allowed to become citizens until 1925."Even as [these amendments] were written, obviously there were major built-in inequalities and maybe at the time weren't intended to apply to everyone," Lee says.Why was citizenship by birthright such an important concept?"Citizenship was a central question left open by the original Constitution," says Rosen. "At the time it was written, the Constitution assumed citizenship, but it didn't provide any rules for it. In the infamous Dred Scott decision, the Chief Justice said African Americans can't be citizens of the US and 'had no rights which the white man was bound to respect.'"The US Supreme Court's ruling in the Dred Scott case, named for a slave who unsuccessfully sued for his freedom, has since been widely condemned.READ MORE: Scott v. Sandford"The 14th Amendment was designed to overturn this decision and define citizenship once and for all, and it was based on birthright," Rosen says. "It is really important that it's a vision of citizenship based on land rather than blood. It is an idea that anyone can be an American if they commit themselves to our Constitutional values."What does it mean to be "subject to the jurisdiction thereof?"According to Rosen, this is one of the greatest questions of citizenship. There are two clear examples of people not subject to the jurisdictions of the United States: diplomats and their children, and -- at the time of the 14th Amendment -- Native Americans, who were not recognized as part of the American populace."With those two exceptions, everyone who was physically present in the United States was thought to be under its jurisdiction," Rosen says. "There are numerous Supreme Court cases that reaffirm that understanding, and almost as importantly, there are lots of congressional statutes that assume birthright citizenship."Some scholars, like John Eastman of the Claremont Institute's Center for Constitutional Jurisprudence, have argued that children of illegal immigrants are not "subject to the jurisdiction" of the US and thus should not be considered citizens under the Constitution.But Rosen says this is a minority view among constitutional scholars of all political backgrounds."While the Supreme Court has not explicitly ruled [on the instance of children of illegal immigrants], Congress has passed all kinds of laws presuming their citizenship," Rosen says.What is the connection between birthright citizenship and immigration?In 1898, 30 years after the 14th Amendment was adopted, the Supreme Court reached a defining decision in a case known as the United States v. Wong Kim Ark. Lee explains that Wong Kim Ark was the American-born son of Chinese immigrants."Asian immigrants were the first immigrants to the US that couldn't be considered white," Lee says. "So they are treated differently. They are taxed differently, they are stripped of many rights. In the 1880s, they are excluded from immigration and barred from citizenship."READ MORE: The United States v. Wong Kim ArkSo, the main question of the case was, could a person born in America be a citizen in a place where his parents could not be as well? The Supreme Court decided yes, and the case remains the first defining legal decision made under the banner of birthright citizenship."[The Supreme Court's decision] said that the right of citizenship is not a matter of inheritance, that it never descends from generation to generation, it is related to where you're born," Lee says. "It's about the power of place. That has been a very expansive, and at the time, a corrective measure to a more exclusionary definition both legally as well as culturally as to what an American is."Why must it be stated that the privileges of citizenship need to be protected?Before the Civil War, states didn't necessarily have to follow the provisions stated in the Bill of Rights; only Congress had to. The 14th Amendment changed that."This second sentence of the Amendment means that states have to respect the Bill of Rights as well as basic civil rights and the rights that come along with citizenship," Rosen says. "The idea was that there were rights that were so basic; so integral to citizenship that they could not be narrowed by the states."Despite the promises and protections of citizenship, Lee says it is abundantly clear that different racial groups were, and often are, seen as unable or unworthy to function as true American citizens. After all, basic rights of citizenship, like suffrage and equal treatment, were denied certain racial groups for a hundred years after the 14th Amendment."The idea of a law applying to 'all people' seems to be clear. But in reality, the debate and the laws and practices that get established are very much based on a hierarchy of, well sure, all persons, but some are more fit and some are more deserving than others," she says.Throughout history, Asian immigrants, Mexican immigrants, Muslim immigrants and their children, to name a few, have had unspoken cultural caveats applied to their ability to be Americans."For Asian immigrants, the racial argument at the time was that 'It didn't matter whether one were born in the US or not, Asians as a race, are unassimilable. They are diametrically opposite from us Americans,'" Lee says."That was the argument that was used to intern Japanese citizens. It was the denial of citizenship in favor of race: 'The ability to become American, the ability to assimilate, they just didn't have it.'"Why was it important to legalize rights for non-citizens?So far, we've covered the first clause, the Citizenship Clause, and the second, the Privileges and Immunities Clause. These both deal with American citizens.The final two clauses, the Due Process Clause and the Equal Protection clause, are a little different, and deal with the rights of all people in the United States.Eagle-eyed Constitution readers will notice that the 14th Amendment contains a "due process" clause very similar to the Fifth Amendment. This, says Rosen, was a technical addition to ensure the Fifth Amendment wasn't theoretically narrowed down to protect only American citizens."The 14th Amendment distinguishes between the privileges of citizenship and the privileges of all people," Rosen says. "The framers [of the amendment] thought there were certain rights that were so important that they should be extended to all persons, and in order to specify that they needed a new 'due process' clause."What does it mean to have 'equal protection of the laws'?"At the time following the Civil War, at its core, it meant all persons had the right to be protected by the police, that the laws of the country should protect all people," Rosen says. "In the 20th century, more broader questions were litigated under the 14th Amendment, like Brown v. Board of Education -- whether segregation was constitutional. Cases involving the internment of Japanese citizens, case from the marriage equality decisions, even Roe vs. Wade have strains of equal protection language and invoke due process law."READ MORE: Brown v. Board of EducationAnother interesting case that speaks directly to the immigration side of the 14th Amendment debate is the 1982 case of Plyler v. Doe, in which the Supreme Court ruled it was unconstitutional for the state of Texas to deny funding for undocumented immigrant children.READ MORE: Plyler v. DoeWhy are we talking about all this right now?This week,?Trump vowed to end the right to citizenship for the children of non-citizens and unauthorized immigrants born on US soil.But his interest in repealing birthright citizenship isn't a new idea. Lee says for the last 30 years or so, there have been several overtures by the political right to explore "citizenship reform," a timeline that she says aligns with the ascendancy of modern American conservatism.Lee fears if the current push to end birthright citizenship is successful, it could have wider implications than most people assume. People from other countries who are here legally on work or student visas, for instance, could have children who do not legally belong to the only country they know."There have been attempts since the 1990s to break away birthright citizenship, or narrow it down, and it did not seem that they would have a chance at succeeding until now," she says."To me this not only reflects the ascendancy of an extreme right position but also a return to a very narrow and exclusionary definition of Americanness." 10356

In cities across America, volunteers stand armed and ready to fight a different kind of virus infecting the planet."Everything's changed right now. Everything is to-go, so it's turned into a disposable society again," said Miah Earn.Earn lives in Hillcrest, an urban neighborhood in San Diego, California. She's out on the streets cleaning up liter, protecting the city she's called home for over 30 years."It's a mess out here. It really is," said Earn. "I'm seeing masks and gloves everywhere. I don't understand why people can't hit the garbage with them."Ian Monahan is with I Love a Clean San Diego and says they've seen more trash in general during the pandemic. "Increased packaging, whether it's to-go containers, whether it's PPE, whether it's shipping products. Unfortunately, it's ending up on the streets, and we've got to protect it, so it doesn't get into the ocean or waterways at the end of the day," said Monahan. During a global clean-up event this month, Monahan says for the first time they'll be tracking the amount of PPE collected. "It's actually a whole new anomaly in our clean-ups. We really didn't see them before. And mostly it's the disposable masks, which people think are paper, they're actually plastic," said Monahan. Eventually, they will break down into microscopic pieces that will outlive us hundreds of years, and they can threaten wildlife and food supplies.Around the world, it's estimated nearly 200 billion disposable face coverings and gloves are being used each month because of the pandemic.The environmental conservation organization OceansAsia is documenting this new pandemic of pollution, capturing video of disposable face masks washing up on one of Hong Kong's most remote islands."Once you see this, you can't really unsee it," said Mitch Silverstein, chapter manager for Surfrider Foundation San Diego County.The nonprofit is piloting a program to make clean-ups more convenient, loaning the tools to businesses for the public to borrow. Volunteers have the option to fill out a data sheet with what they collected, which now includes PPE. Data collected around the world could help inform policy for products doing the most damage."Use reusable items, a reusable mask, reusable gloves when you're cleaning up," said Monahan. They say it will take a global shift in thinking to heal mother earth from what some call this human-made sickness. 2402

It's something not seen often, or ever, when driving on the highways and roads of northeast Ohio. But one driver lived to tell the tale after hitting a black bear head-on.Corbin Hardy, 27, was driving home to Westlake, Ohio from West Virginia on Friday when a black bear darted across the Ohio Turnpike."I was cruising down the middle lane, and at the very last second, I see a face, and it's the face of a bear. It was not even a 100 feet in front of me when it was crossing the lanes," said Hardy. "I only had time to lift my foot off the pedal."Hardy said the bear was large and the impact was so intense that the airbags deployed and his engine was left smoking.The bear was found on the left shoulder, around 100 yards from where it was initially hit."It was crazy. Nothing like hitting a deer. I was going 70 miles per hour, normal cruising speed and when I hit the bear, my car slowed down to around 50 mph. My head barely touched the airbag," Hardy said.He totaled the 2010 Subaru Legacy that he purchased when he was 18, but was, fortunately, able to walk away without a scratch. Even his cabin was untouched.Authorities told him that the bear most likely died on impact."If it had to die, I'm grateful it was sudden," Hardy said.Sightings of black bears in the Cleveland area have increased in the last several weeks. Last week, a black bear was spotted in Brecksville trying to get into a beehive.Several days later, landscapers in Pepper Pike spotted a small black bear before it ran off into the woods.Hardy credits his vehicle for letting him walk away without a scratch. His next car?"Another Subaru Legacy, so my legacy will live on," he said. 1752

Investigators searching for missing University of Iowa student Mollie Tibbetts have gotten hundreds of tips and are looking for her in ponds, fields and from the air, officials said Friday morning at a news conference."Unfortunately, we have not yet found Mollie, but it has not been due to a lack of effort or a lack of resources," said Kevin Winker, director of investigative operations for the Iowa Department of Public Safety.Tips on the missing student "have been coming in regularly," and 30 to 40 investigators are on the case, Winker said.The 2-week-old case is "very frustrating, but it hasn't slowed our efforts," Winker said, adding that investigators "come to work everyday with the attitude that we're going to find Mollie."Asked whether they're investigating Tibbitts' disappearance as an abduction, Winker said they are treating it as a missing person case. He would not say whether investigators have any suspects or persons of interest.Tibbetts disappeared on July 18 in Brooklyn, Iowa, a small community an hour east of Des Moines, according to the Poweshiek County Sheriff's Office. 1109

INDIANAPOLIS — A special prosecutor chose not to press charges against Indiana Attorney General Curtis Hill, after four people accused him of sexual misconduct. The alleged sexual misconduct happened in the early morning hours of March 15, 2018, at a party at A.J's Bar in Indianapolis. The alleged behavior included suggestive statements and unwanted touching by Hill.  Hill did not deny touching occurred but said it was either incidental to conversation or movement in the bar, according to the prosecutor's report.The special prosecutor, Daniel Sigler, investigated a potential charge of misdemeanor battery. Fifty-six witnesses were interviewed during the investigation, and a video statement was obtained by Curtis Hill."Mr. Hill was cooperative with my requests throughout the process as were all witnesses interviewed," Sigler wrote in his statement. Sigler said he found the women's claims as "true and credible.""Their motives appeared sincere and I found all to be credible in their belief that Hill touched them in a way that was inappropriate," Sigler wrote. "The decision made today should not and does not reflect on their credibility," Sigler wrote at the end of his statement. "They addressed their concerned in an appropriate fashion and forum and should be subjected to no criticism."The Indiana Inspector General also released a report about the investigation. The Inspector General's report is more detailed in those interviewed, and the exact allegations against Hill. Of the 39 people interviewed who attended the party at A.J.'s Bar, 20 of them said Hill appeared to be intoxicated. When asked why they believed that, some said he was slurring his words or had trouble standing up. One witness described him as "acting like a freshman at a college frat party," while another said he behaved in a "predatory, intoxicated manner." Another 15 people at the party said they couldn't comment, weren't sure, or couldn't remember if Hill was intoxicated. Four said they didn't believe he was intoxicated. The initial accusation against Hill came from Mara Candelaria Reardon, an Indiana State Representative from Munster, Indiana. She told investigators Hill put his hand on her back at the party, then slid it down her dress and grabbed her buttocks. She said she told him to back off, then left the conversation.Later in the evening, Reardon said Hill returned to her and touched her back. She reported that Hill said "that back, that skin" when he touched her.The investigators interviewed a male witness to the incident, who said he saw Hill touch her "with his own two eyes." Other witnesses said they saw them together and saw Hill touching her back, but didn't see how far down his hands went. One of those witnesses said Reardon approached him and said that Hill was "a creep," but said she didn't elaborate further.Hill's second accuser told investigators he approached her and started rubbing her back. She told investigators "she felt trapped," and was uncomfortable and embarrassed, and afraid of how others would see what happened. A third accuser told investigators Hill approached her and made her uncomfortable with the conversation. She said she told him "it's really hot in here," and Hill replied, "Yes, you're really hot."In addition to the known four public accusations, investigators also learned of two more incidents where people stated they were made uncomfortable by Hill's actions at the party, according to the Inspector General's report.“While the findings of our investigation did reveal unacceptable behavior by a state officeholder, and which significantly impacted those affected, we respect the grounds on which Special Prosecutor Sigler made his decision,” Inspector General Lori Torres said. In an announcement shortly after Sigler's, the women who accused Hill said they are pursuing a civil lawsuit against him. Hill's attorneys released a statement about the announcement. It reads, in part: 4065

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