Let us give some serious attention to privikeges relating to the granting or denial of our American citizenship.
A law that is being applied is, by definition, a "living law." Brandeis thought us that there is, and there ought to be, no other law but a living law.
A praxis pursued under a clause of the Constitution is, by definition, a "constitutional" praxis. Hence, it cannot be abrogated in any other manner than that prescribed by the Constitution. It needs a constitutional "Amendment."
To amend means to fix; ideally, to improve.
Let us now see whether an application of the 14th Amendment, as interpreted until the last few days, does need improvement.
The essential facts are these. Mother and father, whether legally or illegally in the US, might be "subject to the jurisdiction of" any country, but the baby is not. Repeat, the baby is not "subject to the jurisdiction of" any country. Hence, father and mother of the baby are free to choose.
If they elect to claim their own nationality for the baby, the question is moot.
If they avail themselves of the relatively unique opportunity offered by the 14th Amendment to claim American citizenship for the baby, they make two statements, one negative, the other positive.
They abandon, for the baby, all the privileges that are associated with citizenship of their own country of origin. Is this not the worst condemnation of their own country that they might ever declare? Is this not an open rejection of their own culture?
They welcome, for the baby, all the privileges that are associated with citizenship of the United States of America. Is this not the warmest welcome of the United States of America that they might ever declare? Is this not an open approval of our culture?
This is what father and mother of the new baby are telling us: Dear Americans, we offer you a new baby brother or baby sister.
Thus, if we decide to deny this privilege to babies born to illegal immigrants, we have to be clear what is that we are denying. We are denying, no, we are preventing an explicit appreciation of our country.
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