Donald Trump wants to destroy the 14th Amendment’s guarantee of birthright citizenship. But before he sought to eliminate it outright, his elite predecessors mangled, misread, and misused the amendment in the service of capital.
This article by Manisha Sinha appeared in JACOBIN magazine, December 4th, 2018.
Donald Trump’s unconstitutional threat to decree an end to the Fourteenth Amendment’s guarantee of national birthright citizenship has brought renewed attention to the original intent of the Republican Congressmen who framed the amendment — to mandate national citizenship for all Americans — and the Supreme Court’s subsequent extensions of that guarantee to other groups. But, though largely forgotten in the recent commentary, there is another side to Republicans’ betrayal of their founding antislavery ideology: the systematic evisceration and misconstruction of the Fourteenth Amendment.
By guaranteeing equal protection before the law to all persons, the Fourteenth Amendment expanded the boundaries of American democracy considerably. The most frequently adjudicated constitutional amendment, it is the source for decisions ranging from the right to privacy, contraception, and reproductive freedom (Roe v. Wade, 1973), to the constitutionality of same-sex marriages (Obergefell v. Hodges, 2015), in our own times.
The authors of the Fourteenth Amendment in the Republican-dominated thirty-ninth Congress deliberately framed their language in broad terms so that the amendment could act as a radical democratic measure that would continue to bequeath and expand civil and political rights for all persons. Perhaps nothing illustrates the “living constitution” idea better than the amendment’s expansive, democratic language. As Representative George W. Julian of Indiana, a Radical Republican, put it, it was to create “a living democracy amid the ruins of the past.” MORE…