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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
It's been six months since President Donald Trump moved to end a program that protected young undocumented immigrants from deportation, and Washington seems to be no closer to a resolution on the day everything was supposed to be solved by.March 5 was originally conceived to be a deadline of sorts for action. When Trump ended the Deferred Action for Childhood Arrivals program in September, he created a six-month delay to give Congress time to come up with a legislative version of the policy, which protected young undocumented immigrants who had come to the US as children.The Department of Homeland Security was going to renew two-year DACA permits that expired before March 5, and Monday was to be the day after which those permits began expiring for good.But multiple federal judges ruled that the justification the Trump administration was using to terminate the program was shaky at best -- and ordered DHS to resume renewing all existing DACA permits. And the Supreme Court declined the administration's unusual request to leapfrog the appellate courts and consider immediately whether to overrule those decisions.That court intervention effectively rendered the March 5 deadline meaningless -- and, paired with a dramatic failure on the Senate floor to pass a legislative fix, the wind has been mostly taken out of the sails of any potential compromise.Activists are still marking Monday with demonstrations and advocacy campaigns. Hundreds of DACA supporters were expected to descend on Washington to push for action.But the calls for a fix stand in contrast with the lack of momentum for any progress in Washington, with little likelihood of that changing in the near future. Congress has a few options lingering on the back burner, but none are showing signs of imminent movement.March 23 is the next government funding deadline, and some lawmakers have suggested they may try to use the must-pass package of funding bills as a point of leverage.But sources close to the process say it's more likely that efforts will be made to keep a bad deal out of the omnibus spending measure than to come up with a compromise to attach to it, as no solution has a clear path to passing either chamber and the House Republican leadership has opposed attaching any immigration matter to a spending deal."I have a feeling that anything that goes with the omnibus is going to be a punt, so I'm not excited about that. That's not my goal," Rep. Carlos Curbelo, a Florida Republican who has been one of the loudest voices pushing for a DACA fix on the GOP side, told reporters last week.In the Senate, Jeff Flake, an Arizona Republican, and Heidi Heitkamp, a North Dakota Democrat, have introduced a bill that would give three-year extension to the DACA program along with three years of border security funding, though that legislation has yet to pick up any momentum and many lawmakers remain hesitant to give up on a more permanent fix. The Senate is also still feeling the residual effect of the failure of a bipartisan group to get 60 votes for a negotiated compromise bill, which suffered from a relentless opposition campaign from the administration. Trump's preferred bill failed to get even 40 votes, far fewer than the bipartisan group's.On the House side of the Capitol, a more conservative bill than even Trump's proposal has been taking up the focus. The legislation from Judiciary Chairman Bob Goodlatte, a Virginia Republican, and others contains a number of hardline positions and no pathway to citizenship for DACA recipients, and it fails to have enough Republican votes even to pass the House. It is considered dead on arrival in the Senate.But conservatives in the House, buoyed by the President's vocal support for the bill, have gotten leadership's commitment to whip the measure, and leadership has been complying for now. According to lawmakers and sources familiar, House Speaker Paul Ryan, a Wisconsin Republican, talked about the bill in a GOP conference meeting during the House's short workweek last week, and continued to discuss ways to get enough votes.Lawmakers estimate that at this point, the measure had somewhere between 150 and 170 votes in its favor, far fewer than the 218 it would need. But the bill's authors are working with leadership to see whether it can be changed enough to lock up more, even as moderates and Democrats remain skeptical it can get there."The vote count is looking better every day," said Rep. Jim Jordan, a conservative Ohio Republican who has been a vocal advocate for the bill. "I think if leadership puts the full weight of leadership behind it, we can get there. ... The most recent report I've heard is whip count is getting better."Moderate Republicans, however, are holding out hope that the party can move on from that bill and seek something that could survive the Senate and become law."Bring up the Goodlatte bill that went through Judiciary. If it does not have 218 votes, then let's go to the next one that makes sense for DACA," said Rep. Jeff Denham, a California Republican who has supported a compromise on DACA.In the meantime, most think DACA recipients will continue in limbo, especially with the courts ensuring that renewals can continue for now."It's good news for people in the DACA program, because they can continue renewing their permits. I have mixed feelings on what it means for us here, because we know this institution sometimes only works as deadlines approach, and now there isn't a deadline," Curbelo said. 5518
INDIANAPOLIS, Indiana — The holidays are prime time for drinking alcohol, and typically the busiest time of year for drunk driving arrests.Central Indiana law enforcement agencies will be conducting sobriety checkpoints, which typically cost thousands of dollars each.WRTV television station in Indianapolis dug into the numbers to find out how many arrests police are making at checkpoints, and what it means for you on the road if you get stopped. 457
It will cost you a little more to drink on your next Southwest Airlines flight. Starting March 1, Miller Lite, Dos Equis, and wine served in the cabin will be . Liquor and premium beer (Fat Tire, Lagunitas, and the newest seasonal option, Leinenkugel's Summer Shandy) will be . All drinks on Southwest Airlines flights were . Coupons given out by the airline remain valid, regardless of the price. The airline will stay with tradition and keep complimentary drink days. Passengers can get a free drink on Valentine’s Day, St. Patrick’s Day, Southwest Airlines’ birthday (June 18) and Halloween. Southwest Airlines has not changed drink prices since 2009. Non-alcoholic drinks remain complementary. 747
Investigators have found evidence that a missing University of Iowa student was doing homework on her laptop the night she went missing, according to the woman's brother.Mollie Tibbets, 20, went missing on July 18 when she went jogging near Brooklyn, Iowa. TIbbets' brother, Jake, says investigators found that evidence that she was on her laptop that evening.The older brother of 20-year-old Mollie Tibbetts says investigators told him evidence shows she was doing homework on her computer last Wednesday evening. Tibbets was reportedly dog-sitting for her boyfriend, Jack Dalton, at the time of her disappearance. It is unclear if she returned after her jog, but the new details, family members say it is possible she did. Investigators previously executed a search warrant for Tibbits' Fitbit and social media accounts. A spokesperson for the Iowa Department of Criminal Investigations said Tibbets' case may be the first time Fitbit data has been used in an investigation in the state. 1043