Category Archives: Op-Eds

This Too Shall Pass: “Birthright Citizenship” Kerfuffle is Mostly a Get Out The Vote Tactic

14th Amendment Senate & House votes June, 1866

In a late October interview with news website Axios, US president Donald Trump announced his intention to sign an executive order doing away with “birthright citizenship” — the notion that persons born on US soil are citizens from birth with no need for any naturalization process.

It’s not exactly an “October surprise.” Trump used  birthright citizenship as a rallying complaint  on the campaign trail in 2016. He’s done nothing about it in the nearly two years since.

Now he’s weaponizing it again, along with fear-mongering about a migrant caravan wending its way through Mexico toward the US, in a last-minute effort drive an extra (and possibly decisive in places) fraction of a percent of Republican-leaning voters to the polls for the 2018 midterms.

After which he will almost certainly go back to doing nothing about it for another two years, until he trots it out a third time when seeking re-election in 2020.

Will he issue the threatened executive order? That seems unlikely, as does the passage of regular legislation ending birthright citizenship. The matter is too clearly settled, and has been for far too long, for a change to pass muster with the courts on any basis other than a constitutional amendment.

Birthright citizenship has been US citizenship doctrine since the country’s founding, in keeping with the English common law tradition of jus soli (“right of the soil”). It was codified in the Civil Rights Act of 1866,  then enshrined in the 14th Amendment, then upheld by the Supreme Court in the 1898 case Kim Wong Ark v. US.

Its likely resistance to easy change is a good thing for at least two reasons, even if you oppose “birthright citizenship.”

First, letting  the president  discard parts of the Constitution at will, or Congress at a lower legislative threshold than the required 2/3 of both houses of Congress and 3/4 of the state legislatures, is inherently dangerous. If they can do it with the 14th Amendment, they can do it with the 1st Amendment (freedom of speech, religion, and assembly), the 2nd Amendment (gun rights), the 22nd Amendment (limiting the president to two terms) … where would it end?

Secondly, with respect to citizenship in particular, does anyone really want to give an ever-changing government discretion to tinker with the longstanding definition? Right now the threat is to “children of illegal immigrants.” Release the genie and who’s to say that three years from now it won’t become “people with fewer than three generations of American ancestors?” Or, for that matter “people who aren’t registered to vote as [insert political party here]?”

Like many libertarians, I hold the whole concept of “citizenship” suspect. No less a light than Thomas Jefferson argued against the notion that a compact entered into in 1787 by one set of people could bind subsequent generations who haven’t explicitly consented.

That said, the Constitution is the set of rules on which the American political class stakes its claim of legitimacy to rule us. If they won’t abide by it, why should we recognize their authority at all?

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY

The Pittsburgh Double Bind: Presidents Shouldn’t Be So Important

RGBStock White House

US president Donald Trump’s announced visit to Pittsburgh in the wake of America’s latest mass shooting — eleven synagogue congregants dead at the hand of an antisemite fanatic — received a cool reception.

The mayor didn’t want him to come. The county executive didn’t want to meet with him. Local Jewish leaders didn’t want him there. Congressional leaders of both parties declined to join him.

On the other hand, I suspect that if Trump HADN’T scheduled a visit to the city, many of the same people would have publicly demanded to know why not.

It’s not just Pittsburgh, it’s not just Trump, and it’s not just mass shootings or other terror attacks.

Presidents who don’t show up to publicly mumble prayers, hug victims, and sign emergency aid proclamations after hurricanes, earthquakes, and tornadoes are uncaring heels. They’re ignoring heartbreak in the heartland — too busy playing politics to acknowledge tragedy.

Presidents who DO show up after such events are uncaring heels. They’re impeding relief efforts with their motorcades and distracting police and public officials with their security requirements — playing politics with tragedy.

Damned if you do, damned if you don’t. Can’t win for losing. Flip a coin. Or at least coolly calculate how to put on the show your most valued constituency wants to see

These days, the president is a combination golfer, rock star, Ron Popeil style TV pitchman, and Jesus surrogate.

It wasn’t always that way.

The presidency described in the US Constitution is a boring, tedious job for the most part: Sign or veto bills. Appoint officials. Negotiate treaties. Tell Congress how things are going every so often (until the 20th century, that was done in a written report, not a “State of the Union” speech). Serve as commander in chief, but only when there’s actually a war on (the army was a tiny organization in peacetime until after World War Two).

Abraham Lincoln didn’t even get top billing at the dedication of the Soldiers’ National Cemetery in 1863. His “Gettysburg Address” came to about two minutes, wedged between band performances, prayers, and a two-hour stem-winder from semi-retired politician Edward Everett.

And after the presidency came relative obscurity, at least compared to today. My mother fondly remembers encountering an elderly man out on his daily walks in Independence, Missouri in the early 1960s. His name was Harry S. Truman. No motorcade. No entourage. No adoring mob. Just another retired guy.

From television to Twitter, American culture has turned the presidency into something else entirely over the last century — something unhealthy and idolatrous.

If we’re going to have a president, why not keep him or her in Washington — at a desk with a stack of paperwork, away from television cameras and smart phones — instead of centering every aspect of public life around his or her actions and utterances?

Sure, that would mean he or she couldn’t campaign for re-election. No problem. Limit the presidency to one term.  Problem solved, with the fringe benefit of some peace and quiet for the rest of us.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY

Yes, Things Have Been This Bad Before. In Fact, They’ve Been Far Worse.

Depression-stock-market-crash-1929
Crowd gathering on Wall Street after the stock market crash of October 1929.

It’s closing in on a week before an American election. For some people this means that everything absolutely must be about nothing but that election, with hyperbole.

The president of the United States is fear-mongering over the approach of a convoy of Latin American immigrants to get his “base” to the polls.

His Democratic opponents are  pretending that every Republican voter is a potential mail-bomber, for the same purpose.

As I write this, a mass shooting at a synagogue in Pennsylvania doesn’t seem to lend itself well to the election narrative yet. Democrats are already trying to make it about guns. Republicans note that the shooter apparently disliked Trump for being “too pro-Israel.” I’m sure the competing election-related talking points will jell before Election Day.

Things seem pretty bad, don’t they? In fact, in a Facebook political conversation the other day a loved one somberly informed me that “things have never been this bad.”

Whoa. Just one  minute there. Never?

Even focusing on the three aforementioned items, that’s not the case. Migrant caravans have been running since at least 2010, “suspicious packages” have been a weekly occurrence since the 2001 anthrax scare, and mass shootings at churches (and schools, and workplaces, etc.) have been above-the-fold news items since Columbine.

But let’s look back a little and remember how bad it’s been before.

Does the date September 11, 2001 ring any bells?

How about the Los Angeles riots of 1992  (or the Watts Rebellion of 1965)?

The assassination of Martin Luther King, Jr. on April 4, 1968, followed by the assassination of Robert F. Kennedy on June 5, 1968 and preceded by the assassinations of Malcolm X on February 21, 1965 and John F. Kennedy on November 22, 1963?

Remember Pearl Harbor (December 7, 1941)?

Or Black Friday (October 29, 1929)?

Or the whole period from April 12, 1861 to May 9, 1865 (and after)?

It’s a long, long way downhill from where we’re at, and we’ve been much, much further down that slope before. More violent.  More fearful. More bigoted. Definitely poorer.

The  November 6 election won’t likely be remembered as any kind of major turning point in history.  It’s not “the most important election” of the last two, let alone of our lifetimes or our country’s.

Yes, things will almost certainly get a little worse, whichever party “wins” and no matter how resoundingly, because that’s the direction we were already headed in and not many Americans seem inclined to change direction back toward freedom (if they were, Libertarians would run the election table; the polls indicate no such trend).

Yes, the future looks pretty grim in general. Economic depression, rampant political violence, even open civil war aren’t something we’re magically immune to.

But neither are those things lurking right around the corner because you vote “wrong” (or don’t vote at all) on November 6.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY