Wait till you see what comes next.
State Rep. Leo Berman, R-Tyler, has made national headlines for his “birther” bill that would require a candidate for president or vice president of the U.S. to show proof of natural-born citizenship to be placed on the ballot in Texas. He has also filed proposed legislation designed to provoke a legal challenge to the 14th Amendment, which bestows citizenship on anyone born in the U.S., regardless of the status of the child’s parents. House Bill 292, if passed, would prevent a county’s local registrar from issuing a birth certificate to a child born to undocumented immigrants in Texas.
“Instead, they will be given a notice of birth, with instructions to take it to their own consulate or embassy to get citizenship papers or a birth certificate from the country of their parents,” Berman said, explaining his bill. “If it passes, we expect to be sued immediately, and that’s exactly what we’re looking for — we want to be sued in federal court so that federal judges will finally read the 14th Amendment.” After that, he said, it’ll only be a matter of time before the federal government realizes the amendment was ratified in 1868 only for those children born in the U.S. to black slaves.
Berman has also authored a bill — HB 294 — that would ban undocumented immigrants from suing legal Texans. They could not seek “equitable relief as a counter claimant or a cross claimant,” according to the legislation.
“If you have an accident with a car driven by an illegal alien, you are going to pay for your own car. But if you hit them, they are going to get an attorney, an abogado, and they are going to try and sue you for everything you’re worth,” he said. “I have asked several lawyers, and they said it is constitutional.”
[…]
State Rep. Debbie Riddle, R-Tomball, has drawn the ire of Hispanic Democrats, educators and others for her proposed legislation — HB 22 — that would mandate that public schools keep track of the immigration status of students by requiring that they submit a copy of their birth certificates or other documents indicating their residency status “for inspection” by school officials at the time of enrollment. The bill also requires school districts and open-enrollment charter schools to submit information on the number of students enrolled in bilingual education or special language programs, and to “identify and analyze any impact on the standard or quality of education provided to students who are citizens that may occur as a result.”
Critics have argued the requirement would be an unfunded mandate — the bête noire of conservative lawmakers opposed to many federal mandates — and that preventing the education of any child in Texas is inherently unconstitutional.
[…]
HB 21, also filed by Riddle, would require that state agencies report the costs of providing benefits to undocumented immigrants. Local governmental entities that receive state grants would also be required to submit that information to the grant provider.
State Rep. Van Taylor, R-Plano, has filed legislation that targets legal aliens who are requesting indigent care. HB 655, if passed, would offer counties the option of adopting a policy that would consider the income of a legal alien’s sponsor if that alien applied for indigent care. A sponsored alien is one who is admitted into the country legally after an affidavit of support. The sponsor’s spouse’s income could also be included in the determination of an alien’s eligibility for indigent care.
Boy, sure is a good thing Aaron Pena became a Republican so he could be a “moderating influence” on these guys. I just know they can’t wait to be persuaded by his unassailable logic.
I don’t think they’ll go on a crazy rampage, but when I look at Riddle and Berman I just can’t help think “Man, they need help”.
I don’t have any real problem with the “birther” bill. The Constitution requires that Presidents be natural born, so proving that doesn’t seem onerous.
The 14th Amendment challenge doesn’t bother me either. Let’s get this settled once and for all by an authority the far right will believe.
HB294 is just stupid. If you are at fault, you should pay, regardless of the legal status of the victim. “Sue you for everything you are worth”? That’s a laugh. They can’ sue for all they want, getting the judgment is difficult.
If they keep this up, I won’t be able to vote for either party next time. Democrats think every problem can be solved by taking more money from those who have it, Republicans want to solve non-existent problems using unconstitutional methods.
I’m having trouble keeping my head from exploding.
Where’s Molly Ivins when we need her?
“Ross says:
January 27, 2011 at 10:22 pm
I don’t have any real problem with the “birther” bill. The Constitution requires that Presidents be natural born, so proving that doesn’t seem onerous.”
I have a problem with the “birther bill” because no one can produce their “original” birth certificate. They can only produce a certified copy of their original birth certificate in whatever format the state they were born in provides. Also, it appears that Berman does not understand the “full faith and credit clause” in the Constitution. This bill is target at President Obama and no one else on a “conspiracy theory” that has been debunked!
“The 14th Amendment challenge doesn’t bother me either. Let’s get this settled once and for all by an authority the far right will believe.”
This issue is well settled law. All these GOP/Tea Party/RWNJ are going to do is rack up legal fees that the taxpayer will have to pay. The 14th Amendment clearly states that states cannot legislate/pass laws regarding citizenship. So, why is Berman introducing this bill? For litigation purposes only–wasting the taxpayers dollars on unconstitution/frivolous lawsuits when the money could be spent on more important state needs: Educ., health care, infrastructure–the list is endless. On the other hand, if Berman doesn’t understand that states cannot legislate/make laws regarding citizenship, then he has no business being in the Texas legislature.
“1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
http://www.usconstitution.net/xconst_Am14.html
Birthright Citizenship’s Unlikely Road to Supreme Court
excerpts
“Their strategy is to pass state legislation that they know will be challenged in federal court, in the hopes that eventually the U.S. Supreme Court – which is considered to be the most conservative court in decades – will be the final arbiter on the issue.
But legal scholars believe the chances that the issue will be taken up by the Supreme Court are slim.
James C. Ho, former Solicitor General of Texas and expert constitutional attorney, predicts that the case will never make it to the high court. “I think the lower courts will strike it down and the U.S. Supreme Court will refuse to hear the case because it has already decided it,” said Ho, who is now a partner with the law firm of Gibson, Dunn & Crutcher in Dallas.”
more here: http://www.immigrantmagazine.com/2011/01/birthright-citizenship%E2%80%99s-unlikely-road-to-supreme-court/
I believe James C. Ho also clerked for Supreme Court Justice Thomas.
Study: Impact of tweaking 14th
http://www.politico.com/news/stories/0910/41899.html
GOP/Tea Party fiscally responsible? Not so much when it comes to something they propose for purely political reasons.
I am curious as to why my comment is “awaiting moderation.” I do not believe I have been out of line or disrespectful at anytime with any of my comments.
TexasChick – Because there were links in the comment. The automated moderation system in WordPress kicks in for comments with two or more links in them.
Mr. Kuffner,
That was what I thought but wanted confirmation and I also wanted to make sure that none of my comments had been disrespectful or offense. Thanks for taking the time to respond to my question.:)
BTW, here are several blogs that have the “facts” regarding the “birther” issue. Many of the participants on these blogs/websites are lawyers.
http://www.thefogbow.com/forum/index.php
http://www.obamaconspiracy.org/
http://nativeborncitizen.wordpress.com/
Texas Chick,
Oh, because they are lawyers that makes them right in whatever they say? Sorry, that is so far off base as to be ludicrous.
I for one don’t know if Obama is a true citizen of the US or not but I really have to wonder why he will not settle this argument once and for all with a “certified” copy of the original birth certificate. The constitution requires that a person must be a natural born citizen – easy to prove, if questioned by a citizen of the US (and it has been by millions), by simply providing the appropriate documentation. In the current situation this has NOT been done;therefore, the “myth” as you term it, has NOT been debunked! Someone simply stating that he was born in the US will NOT be sufficient, I was born in this country some years ago, yet, as an 18 year old dependent living in Germany with my natural born US citizen US Army father, I was required to go to the US Embassy and declare my citizenship, and prove my claim by providing a copy of my birth certificate. What’s the difference?
The vast majority of Constitutional historians will tell you that the14th Amendment was, indeed, aimed solely at the offspring of slaves and former slaves. It’s primary purpose was determined by the times in which it was written and approved. No one at that time could have forseen that it would be granting citizenship to the offspring of illegal aliens because the slaves and their children were here LEGALLY – as terrible as it was, they were considered the legal property of their owners. That is NOT the case with the millions of illegal aliens from Mexico (yes, and a few other countries). The 14th Amendment was never intended to apply to anyone other than slave children, and there is NO way any Court in the US can now change that LEGALLY, nor in keeping with precedent law. If activist judges (regardless of their political leanings) try to change that, the citizens of this country should overwhelm our Congress and force it to change the law and override the court decision. The overhwhelming majority of US citizens do NOT want children of illegal aliens granted US citizenship just because mom and dad made it to the US in time for delivery.
As a longtime resident of Hawai’i, I can tell you, jerden, that whether you’re the President of the US or a guy who moved to Vegas to do construction work during the housing boom, if you ask the state for a copy of your birth certificate you’ll get exactly what has been produced for Obama time and time again. It’s gotten to the point where the legislature here is taking up a bill to start charging a $100 fee for copies of the damned thing.
He’s a US citizen. Get over it.
Jerden,
” by simply providing the appropriate documentation. In the current situation this has NOT been done”
Yes, it has.
“The vast majority of Constitutional historians will tell you that the14th Amendment was, indeed, aimed solely at the offspring of slaves and former slaves.”
Please cite your source.
“The 14th Amendment was never intended to apply to anyone other than slave children, and there is NO way any Court in the US can now change that LEGALLY, nor in keeping with precedent law. If activist judges (regardless of their political leanings) try to change that, the citizens of this country should overwhelm our Congress and force it to change the law and override the court decision. The overhwhelming majority of US citizens do NOT want children of illegal aliens granted US citizenship”
Cite your source please.
You might want to read this too.
A birthright, and a mess of pottage
Deny citizenship to American-born babies?
January 16, 2011|By Steve Chapman
http://articles.chicagotribune.com/2011-01-16/news/ct-oped-0116-chapman-20110116_1_birthright-citizenship-illegal-immigrants-legal-immigration
This is also very important/interesting information.
U.S. Citizen Documentation Problems Stem from Immigration Enforcement
http://www.seattleimmigrationlawyerblog.com/2010/11/rise-in-us-citizenship-issues.html#more
I will concede that the “original birth certificate” language ought to be changed to “certified copy of birth certificate provided by state of birth”. The companion bill, 529 seems to provide more leeway. It would be nice if “original birth certificate” were defined.
BTW, I’ve always thought Obama was born in Hawaii, and am satisfied with the certificate of live birth we’ve seen. The birthers are wasting their time.
I realize the 14th amendment has been litigated before. Berman and his ilk don’t believe that the prior cases apply, or don’t know how to read. We need a current case to shut them up.
Berman’s legislation if passed and challenged in a court of law will never be taken up by SCOTUS IMHO. The 14th Amendment is very clear regarding states. I don’t know what part Berman doesn’t understand.
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Berman’s goal is to get the courts to say that a child born to parents in the country illegally is not subject to the jurisdiction of the United States, and is therefore not a citizen. He will lose, but that might settle the debate for a while.
excerpts
“From Ho’s op-ed:
A coalition of state legislators, motivated by concerns about illegal immigration, is expected to endorse state-level legislation today at the National Press Club in Washington, D.C., to deny the privileges of U.S citizenship to the U.S.-born children of undocumented persons.
This effort to rewrite U.S. citizenship law from state to state is unconstitutional–and curious. Opponents of illegal immigration cannot claim to champion the rule of law and then, in the same breath, propose policies that violate our Constitution.
In the aftermath of the Civil War, members of the 39th Congress proposed amending the Constitution to reverse the Supreme Court’s notorious 1857 Dred Scott v. Sandford ruling denying citizenship to slaves. The result is the first sentence of the 14th Amendment: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
The plain meaning of this language is clear. A foreign national living in the United States is “subject to the jurisdiction thereof” because he is legally required to obey U.S. law.
[…]
Opponents of birthright citizenship say that they want nothing more than a chance to relitigate the meaning of the 14th Amendment. But if that is so, state legislation is a poor strategy.
Determining U.S. citizenship is the unique province of the federal government. It does not take a constitutional expert to appreciate that we cannot have 50 different state laws governing who is a U.S. citizen. As a result, courts may very well strike down these state laws without even invoking the 14th Amendment. The entire enterprise appears doomed to failure.”
http://mediamatters.org/blog/201101050007
Epic fail and all on the taxpayer’s dime. If Berman (and others) wants to relitigate the meaning of the 14th Amendment, they need to do it on their dime, IMHO.
Perhaps if Texans would send this message to Berman and other, this legislation would not pass?
I’ve always contended that if the minority groups ever united, the GOP/Tea Party racists would be in big trouble. This appears to be happening.
Conservative Church Leaders Condemn Moves to Repeal Birthright Citizenship
excerpts
“Pastor Samuel Rodriguez, president of the National Hispanic Christian Leadership Conference, called the push to repeal birthright citizenship “morally reprehensible.”
“In order to address the immigration crisis in America,” Rodriguez said, “we’re going to need a movement—a movement similar to the civil rights movement of the 1960s and late ‘50s by Dr. King.” And like that movement, he added, “It’s going to require the faith community to take the lead.”
Rodriguez is working with Dr. Bernice King, the daughter of Dr. Martin Luther King, Jr., to launch the Fuerza (Strength) Movement at the end of January. One of the objectives, he said, is to push an “integration” strategy that is “not amnesty but not Arizona.”
“If the health care reform legislation prompted the emergence of a Tea Party movement, then I think the failure of the DREAM Act legislation at the end of last year, during the lame duck session, prompted a Hispanic social civil rights movement,” Rodriguez said.”
LRGVDC approves resolution opposing anti-immigrant legislation
By Steve Taylor
“WESLACO, Jan. 30 – The Lower Rio Grande Valley Development Council has agreed to oppose the dozens of bills filed at the state Capitol that would make life more difficult for undocumented immigrants.
The LRGVDC is the council of government for the counties of Hidalgo, Cameron and Willacy and all the municipalities in those counties. At its meeting in Weslaco last Thursday, the LRGVDC agreed unanimously to support a resolution proposed by the Common Sense Immigration Reform-Rio Grande Valley Consortium.
“It is very important we oppose these anti-immigrant bills,” La Feria Mayor Steve Brewer told the Guardian, at the end of Thursday’s meeting. “We are a regional organization representing three counties and dozens and dozens of cities and we are sending a message to our representatives in Austin to help the border region, help Mexico, and block bills that will hurt our communities.””
more here: http://www.riograndeguardian.com/rggnews_story.asp?story_no=22
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