Thursday, August 12, 2010

The fourteenth amendment, circa 1868

There is a push underway to review the fourteenth amendment to the constitution. Many claim the portion of the amendment concerning citizenship should be reviewed. According to the amendment, any person born or naturalized are citizens of the United States and the States in which they reside. Sounds very clear and simple.

Consider this; the same amendment also includes a passage that states apportionment of representation counting whole persons in each State excluding Indians not taxed. 'Indians not taxed'? Just how old is this document? What will they do with the next amendment, give slaves the right to vote?

The Constitution of the United States is a framework. It spells out the basic rights for all citizens and the powers of the governmental branches. However, this was written in a time when the 'Pony Express' was not even in existence. That was taken care of by the creation of the Post Office who isn't much more efficient than the P.E., but I digress. The populace of the current planet is able to move about in ways not imagined two-hundred fifty years ago. Our country has made gains in that time that have set us above much of the world that existed long ago. Many of the immigrants coming to our shores don't have a life much different than their ancestors two-hundred years ago. Stopping by and having a child gives that child a chance at a life he couldn't get elsewhere. In my view that was not the intent of this section of the amendment.

There is nothing wrong with interpreting the Constitution as the world changes. But that interpretation has to be consistent from court to court, decade to decade. It infuriates me every time a new Justice is elected to the Supreme Court the issue of abortion comes up as a litmus test. Asked and answered, move on. (Don't take that as believing I agree with the decision, I don't). But it shouldn't be asked of every nominee. Why not ask if they believe slavery should be outlawed? It's the same thing.

It is time the fourteenth amendment is brought into the twenty-first century; get apportionment to the Indians not taxed as well. Why should only white males over twenty-one have all the fun?


  1. The whole bit of the Indians being sovereign nations and having exemption from taxation seems pretty bogus to me.

    I want exemption from taxation too!

  2. I think that the parents, who owe allegiance to another country, should not be allowed to come and have babies here just to better their lives. IT's become an industry in the border states, including birth packages! What are we thinking! The parents owe allegiance, and the child who knows no better because it was just born, should have to follow allegiance to the the country the parents are from, not the one they oh-so-conveniently happened to have their child in.