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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

INDIANAPOLIS -- A splash of color painted the streets of Vice President Mike Pence's hometown of Columbus, Indiana on Saturday as the town hosted its first-ever Pride Festival. The colorful event featured live music, food and even a drag competition. This small town festival made big news because hometown boy, Vice President Mike Pence is known for being a conservative Christian who signed the 2015 religious protections law that created a legal defense for businesses that objected to serving LGBTQ customers. Columbus High School senior Erin Bailey, 18, came up with the idea and helped bring it to life. She said she hopes that Columbus Pride helps make the town a more welcoming place for everyone. PHOTOS | Columbus' first-ever Pride Festival?"We've never had anything like this in Columbus and were such a town with diversity and we have such a great community," said Bailey. "I thought that I should do something like this for it."Vice President Pence has weighed in on the festival in his hometown, commending Bailey for her activism and engagement in the civic process.  1135

It is the silence that John Christian Phifer loves the most as he walks around the 120 acres of a nature preserve in Gallatin, Tennessee. He considers himself a caretaker of the land.But in these rolling Tennessee hills, if you look close enough, you can see that it's not just the land Phifer is caring for.There are 50 people buried throughout Taylor Hollow, all of which are natural burials. Their graves are marked by simple stones, and there are no expensive caskets. Many of the people buried here were wrapped in quilts or buried in beds of wildflowers.It’s a simpler way to say goodbye, and in recent months, this type of burial is gaining popularity."I think with COVID, one of the things everyone has done is they’ve started thinking about making a plan," Phifer said as he walked through one of the wooded paths.Phifer works for Larkspur Conservation, a nonprofit that describes itself as Tennessee's first nature preserve for natural burials. On this hallowed ground, only green burials are allowed to take place.The pandemic has led to an increase in the number of people looking at natural burial options. Natural burials are also giving families a way to grieve and mourn safely outside during the COVID-19 pandemic."I think COVID has heightened folks’ awareness of how important it is to make a plan. Families can still have a burial, families can still have a gathering, they can come together with their loved one," Phifer said.There is also a cost aspect that's driving the increased rise in natural burials. As many American families struggle financially, natural burial offers an end-of-life option that's around ,000. It’s much less than a traditional burial, which usually runs around ,000.There’s also an environmental draw to all of this. Every year, American bury about 73,000 kilometers of hardwood boards, along with 58,000 tons of steel and 1.5 million tons of concrete. Natural burials are often much safer for the environment"It’s not going to be for everyone, and that’s OK,” explained Phifer. “We’re just another tool in working through the end of life.”And while planning for the end is never easy, Phifer sees this as one place people can start. 2193

It is a ceremony which has been branded "awful" and "sexist" and criticized for taking tennis "back to zero."Much to the dismay of many on social media, some of the sport's leading young players taking part in this week's Next Gen ATP Finals in Milan were on Sunday forced to choose a female model, who had the letter 'A' or 'B' hidden on her body, to determine the round-robin group they would play in at the tournament.The players were then escorted down a catwalk, arm-in-arm with the model, who would reveal the letter -- which corresponded to the round-robin group -- to the audience and cameras. French tennis player Alize Cornet tweeted: "Good job ATP World Tour. Supposed to be a futurist event right? #backtozero."Also on Twitter, tennis coach Judy Murray, who is the mum of former world No.1 Andy Murray, described the ceremony as "awful."Writing for sport360.com, journalist Reem Abulleil, who was at the draw ceremony, wrote: "There was inappropriate dancing, gloves that were removed by a player's teeth, and many more cringe-worthy moments but I'll spare you the details."Most of the players looked visibly awkward, while some laughed their way through it. I personally felt deeply sad watching it all unfold."The ceremony was sponsored by Red Bull and, in a joint statement, the drinks company and the ATP apologized for the offense which had been caused."The intention was to integrate Milan's rich heritage as one of the fashion capitals of the world," read the statement."However, our execution of the proceedings was in poor taste and unacceptable. We deeply regret this and will ensure that there is no repeat of anything like it in the future."  1682

In my opinion, these patriots did nothing wrong. Instead, the FBI & Justice should be investigating the terrorists, anarchists, and agitators of ANTIFA, who run around burning down our Democrat run cities and hurting our people! https://t.co/of6Lna3HMU— Donald J. Trump (@realDonaldTrump) November 2, 2020 317

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