June 17, 2010 6:17 AM

Arizona: proof that overt racism doesn't require white robes and burning crosses

THE WORST PERSON IN THE WORLD

(apologies to Keith Olbermann)

AZ State Sen. Russell Pearce (R-KKK)

“Anchor babies” isn’t a very endearing term, but in Arizona those are the words being used to tag children born in the U.S. to illegal immigrants. While not new, the term is increasingly part of the local vernacular because the primary authors of the nation’s toughest and most controversial immigration law are targeting these tots — the legal weights that anchor many undocumented aliens in the U.S. — for their next move. Four million children that are US citizens have an illegal immigrant for a parent. If lawmakers in Arizona have their way, they’ll be able to have those childrent that are US citizens AND legal residents of Arizona deported. Who says White doesn’t make Right, eh? Buoyed by recent public opinion polls suggesting they’re on the right track with illegal immigration, Arizona Republicans will likely introduce legislation this fall that would deny birth certificates to children born in Arizona — and thus American citizens according to the U.S. Constitution — to parents who are not legal U.S. citizens. The law largely is the brainchild of state Sen. Russell Pearce, a Republican whose suburban district, Mesa, is considered the conservative bastion of the Phoenix political scene.

So here’s a question for y’all: when does overt racism trump the Constitution? Well, if you’re Russell Pearce, it’s when your hatred of Brown People has you believing that you can pass a law that allows you to simply ignore the 14th Amendment…because, after all, the Constitution is just a piece of paper, right?

The frustrations of Pearce and those who think like him do have a degree of legitimacy (Who’s going to argue that illegal immigration is a GOOD thing?), but you simply cannot abrogate the Constitution to suit the prejudice of the moment. If Pearce wants to amend the Constitution to accommodate his hatred of Brown People, there’s a process to be followed…but it’s neither quick nor easy.

OK, so I understand that this is a simplistic interpretation of a complex issue, but is it inaccurate? The 14th Amendment confers citizenship to children born on American soil. It’s doesn’t parse the immigration status of a child’s parents. It doesn’t create different classes of children who qualify for citizenship. It doesn’t contain language stating that children born on US soil are entitled to citizenship…unless they’re unfortunate enough to be born Brown. No, the language is really quite simple and straightforward:

The 14th Amendment states that “all persons, born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” It was intended to provide citizenship for freed slaves and served as a final answer to the Dred Scott case, cementing the federal government’s control over citizenship.

Yes, that’s right…”No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”. Thus, Arizona’s White Conservatives have created the issue of “anchor babies” as another way to make Arizona “safer” for good, God-fearing White Folks.

So it was 1868…and this is now. Different world, different issues. Here’s the thing, though: amending the Constitution is neither simple nor convenient, and the Constitution trumps state law. It’s not something that can be ignored or glossed over when a politician with an axe to grind decides he can conveniently do so. The Founding Fathers had the foresight to envision a time when demagogues might just want to force their agenda on those in need of protection. This would appear to be one of those times.

Yes, Pearce does have popular opinion on his side:

58% of Americans polled by Rasmussen think illegal immigrants whose children are born here should not receive citizenship; support for that stance is 76% among Republicans.

Here’s another beautiful thing about the Constitution, though: it was designed to withstand the fickle changing winds of public opinion. The problem with the poisonous atmosphere surrounding the issue of immigration is the racism that fuesl those who supports Arizona’s SB 1070 and Pearce’s effort to remove Constitutional protections for “anchor babies”.

The concept of “anchor babies” may be an abhorrent one, but the 14th Amendment is what it is. Pearce may not like it, but changing the Constitution is not a task to be undertaken lightly. Going on 250 years later, and the Founding Fathers still look absolutely prescient in their desire to protect the Constitution from hatred and passion.

Memo to Pearce and those who think like him: Children are not the problem. In your rush to demonize and marginalize Brown People, you’ve succeeded in revealing yourselves to be driven by both prejudice and hatred. Nice work, eh?

Yes, we need to have a debate about immigration…on the national level. If Congress and the White House cannot display the leadership and moral courage to craft a workable, fair, and humane immigration policy, we’ll see more states follow the lead of Arizona. We’ll see racism become the official policy of a growing number of states. And we’ll see more attempts to subvert the Constitution in the name of convenience, hatred, fear, and racism.

WE DESERVE BETTER.

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This page contains a single entry by Jack Cluth published on June 17, 2010 6:17 AM.

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