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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 late September, after racist slurs were found on the message boards of five black cadet candidates at the Air Force Academy Preparatory School, the school's superintendent was angry.Lt. Gen. Jay Silveria told cadets to line up and pull out their phones to remember his message, and he forcefully denounced racism and intolerance."If you're outraged by those words, then you're in the right place. That kind of behavior has no place at the Prep School," Silveria said.The speech was posted on Air Force Academy's Facebook page and quickly went viral. The Air Force launched an internal investigation to find the culprit.But on Tuesday, Air Force Academy officials said that one of the black cadet candidates actually wrote the racist messages."We can confirm that one of the cadet candidates who was allegedly targeted by racist remarks written outside their dorm room was actually responsible for the act," the Academy said in a written statement. "The individual admitted responsibility and this was validated by the investigation."The vandalism was written in black marker on a dorm whiteboard with the phrase "go home (expletive)."Lt. Col. Allen Herritage, director of public affairs with the Academy, said that the cadet responsible admitted his guilt when confronted. The individual has "received administrative punishment" and is no longer at the preparatory school, Herritage said.The four other students that were the target of the vandalism are still at the Prep School, which is on the same campus in Colorado Springs, Colorado, as the Air Force Academy. The Prep School helps ready about 240 cadets each year to enter the academy.'This is our institution'Silveria, the Academy's superintendent, made clear in his speech in September that there would be no tolerance for racist rhetoric at the Academy."If you can't treat someone from another gender, whether that's a man or a woman, with dignity and respect, then you need to get out," he said. "If you demean someone in any way, then you need to get out. And if you can't treat someone from another race or different color skin with dignity and respect, then you need to get out.""This is our institution, and no one can take away our values," Silveria added. "No one can write on a board and question our values. No one can take that away from us."Although the hateful graffiti was revealed to be a hoax, the Air Force Academy affirmed that same message of dignity respect in a statement on Tuesday."Racism has no place at the Academy, in any shape or form. We will continue to create a climate of dignity and respect for all, encourage ideas that do so, and hold those who fail to uphold these standards accountable."Silveria said in a statement on Tuesday that his speech remained relevant despite the investigation's outcome."Regardless of the circumstances under which those words were written, they were written, and that deserved to be addressed," he said. "You can never overemphasize the need for a culture of dignity and respect and those who don't understand those concepts aren't welcome here."The-CNN-Wire 3091

INDIANAPOLIS -- The two suspects accused of shooting into an Indianapolis house last month and killing a 1-year-old girl confessed to the crime, according to preliminary court documents released Thursday.In the preliminary probable cause document, both Darrin Banks, 27, and Brian Palmer, 29, admitted to firing several rounds into a house in the 3500 block of Wittfield Avenue on March 29.Shortly before 2 a.m. on the 29th, officers with the Indianapolis Metropolitan Police Department responded to the house to find one adult and one child shot.Malaysia Robson, age 1, was killed in the shooting. Robson's 19-year-old aunt, Anna Fox, was also hit. Police say eight to 10 people were inside the home at the time, the majority of which were teenagers.Investigators found about 19 spent .223 casings on the street in front of the house.According to the document, witnesses said the shooting was related to a family dispute that started on social media, and escalated to a fight at an apartment complex before it culminated with the incident on Wittfield Avenue.A person close to both families told police they were told that Banks and Palmer were the ones involved in the shooting, according to the probable cause. On Tuesday, IMPD surveillance units followed Banks and Palmer as they drove around Indy's east side in Palmer's vehicle. When they failed to stop at a stop sign, IMPD initiated a traffic stop, where several officers noticed a "AR-15 type rifle" in the front seat in plain view, according to the document.Two AR-15-style rifles were found in Palmer's vehicle through a search warrant. When police interviewed Banks and Palmer separately, both said they were upset about the previous fight, which resulted in an injury to Banks' pregnant sister. They both admitted, according to the probable cause, to firing at the house, knowing that several people were inside.PREVIOUS | Family: Suspects were playing video games when 1-year-old Malaysia Robson was killedPalmer's mother, Renee Sloan, said Wednesday that both men were home playing video games at the time of the shooting. "The whole community is talking about Darrin Banks and Brian Palmer," Sloan said. "Those are their names. They're not murderers. They're human beings and they have names. They did not do this. That is not in their demeanor. That is not how they work. That is not what they do. I want to have a voice for them. Everyone else has a voice but those two. I want people to know what type of people they are."  2560

INDIANAPOLIS -- It was a busy day for police in Greenwood, Indiana on Monday after three accidents involving trains left three people injured. The three are expected to survive. No one was seriously injured in any of the crashes. The first crash happened around 12:30 p.m. in the 700 block of Pushville Road near E. Worthville Road. Police said no one was injured in the crash but the car was destroyed. The second crash happened just before 4 p.m. on County Line Road just east of Madison Avenue. Police said a woman driving a car came up to the intersection where a train was passing through and for some unknown reason did not stop. The woman driving the car was taken to the hospital with unknown injuries but is expected to be OK. The third crash happened near the same intersection.Police have not released many details about the crash but said that the person inside the vehicle was awake and talking when they arrived. That person was taken to the hospital with unknown injuries. All three crashes remain under investigation. MORE TOP STORIES |?Pet raccoon, stoned off of too much weed, brought to Indianapolis firehouse. Confusion ensues.?|  Large fight at Sikh temple in Greenwood leaves nine injured | Accused killer of Boone County sheriff's deputy sharing photos on social media from behind bars | Police looking for 2 women connected to 1-year-old Malaysia Robson's death | 2 dead, child injured in Westfield crashTop Trending Videos 1565

It will perhaps be the biggest story in December as well as the upcoming months. When will vaccine distribution be available to you or your family? Recent news from Pfizer and Moderna is making vaccine distribution a reality in the near future. So what should you know? KEY FDA MEETINGS The first key date is December 10. That is when the FDA will hold a hearing on Pfizer's vaccine. Moderna's vaccine will get a hearing on December 17. The hearings are being conducted by the “Vaccines and Related Biological Products Advisory Committee,” and they could give approval within 72 hours of the first hearing taking place. WHAT HAPPENS AFTER FDA APPROVAL After FDA gives the go ahead, the CDC will finalize who should get it first. The good news is that the CDC have already released who they think should be first in line. Earlier this week, an advisory committee to the CDC recommended health care workers and those in nursing homes receive access almost immediately. Ultimately though, governors will serve as "air traffic controllers" directing which specific facility has access to the first doses of vaccines. If the current timeline holds, those orders could start going out on December 11 or December 12. AVERAGE AMERICANS TIMELINE AND POTENTIAL ISSUES If you are not deemed a high priority, it will still likely be months before you are able to get a vaccine. Some analysis point to Februrary, but other analysis point to April or May. Some potential issues for distribution include the temperature the vaccines must be stored at. The Moderna vaccine can stay in traditional refrigerators at around 40 degrees or so but Pfizer's must be stored at -94 degrees, which may be trickier to transport in more rural parts of the country. Another big question mark is will Americans actually want to be the first to take the vaccine? "All the science in the world isn’t going to matter if you can’t people to be immunized against COVID," Dr. John Brownstein of Boston Children's Hospital said. Former Presidents George W. Bush, Barack Obama and Bill Clinton are said to be committed to receiving the vaccine live on television in order to inspire confidence. 2166

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