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Justice

Bachmann Tells Southern Voters She’ll Support Legislation To Stop The ‘Anchor Baby’ Problem

Late last week at a campaign stop in South Carolina, Rep. Michele Bachmann (R-MN) revived a debunked conservative talking point about so-called “anchor babies” — a derogatory term for the American-born children of undocumented immigrants who are full citizens under the 14th Amendment.

But Bachmann, who professes to revere the Constitution, suggested that these American citizens with foreign parents are somehow here “illegally” and that the “anchor baby” problem should be dealt with through legislation:

Bachmann, who was also asked about her position on illegal immigration, told the audience she thinks it is possible through legislation to stop the “anchor baby” problem of children born to mothers living illegally in the United States. When that happens she said, “A whole new set of implications arise for the United States. I do not believe that the American taxpayer should be paying benefits to people who are in the United States illegally.”

Presumably the legislative remedy Bachmann is referring to is the Birthright Citizenship Act, an unconstitutional bill that Bachmann co-sponsored in the previous Congress. The 14th Amendment provides that “[a]ll persons born or naturalized in the United States . . . are citizens of the United States,” with a narrow exception for children of ambassadors and other people who aren’t subject to U.S. law. Bachmann’s bill openly defies this constitutional guarantee by declaring that the children of undocumented immigrants no longer enjoy birthright citizenship.

Additionally, there is, in fact, no “anchor baby” problem. The term reflects conservative paranoia that women come from different countries and intentionally give birth in the United States to try to “anchor” themselves in this country. As Sen. Lindsey Graham (R-SC) once put it, “People come here to have babies. They come here to drop a child. It’s called ‘drop and leave.’”

As many experts have pointed out, this is a baseless and senseless concern — only 9 percent of undocumented immigrants had children shortly after arriving, and undocumented parents with American children have no easier path to citizenship and are still subject to forced deportation. That’s a pretty flimsy anchor.

Nevertheless, conservatives are going to extraordinary lengths to punish undocumented immigrants through harsh legislation. Bachmann appeared at the event with South Carolina Gov. Nikki Haley (R) and Rep. Tim Scott (R-SC), two conservatives who the Washington Post points out have been able to use their own race as a cover to go after immigrants while avoiding accusations of racism.

NEWS FLASH

Does The Path To Marriage Equality Travel Through Jury Duty? | In most court systems, prosecutors and defense attorneys are given a handful of free opportunities to remove someone from a jury pool for any reason they choose — except that it is unconstitutional to remove a juror because of their race or gender. Yesterday, the Ninth Circuit heard oral arguments in a case arguing that the Constitution guarantees gay jurors the same equal protection of the laws afforded to women and racial minorities. If the court holds that it does, it would set an important precedent establishing that discrimination on the basis of sexual orientation must be viewed with a very skeptical eye under the Constitution — including in cases where the state discriminates against gay couples who want to marry.

Justice

Biden Reportedly Told House Dems That Obama Was Prepared To Invoke Fourteenth Amendment

The Huffington Post’s Jennifer Bendery reports that Vice President Biden told House Democrats that President Obama would have used the Fourteenth Amendment to prevent a catastrophic default if Congress failed to reach a debt ceiling deal:

This report is hearsay upon hearsay, so there is no way to be sure what Biden actually told the caucus. And the report is also surprising given the number of times that Obama claimed he did not have the authority to invoke the Constitution in order to lift the debt ceiling.

The GOP was able to force a one-sided deal for a very simple reason — they took the entire world’s economy hostage and left only a shred of doubt that they were foolish enough to shoot the hostage. Their game was to leave President Obama with no choice but to agree to their terms because he had no tools available to free their hostage.

If the reports about Biden’s statement are true, however, we now know that Obama believed that he did have a tool which, if nothing else, he could have threatened to invoke to scare the GOP into believing that if they pushed too hard they’d be left with nothing. Instead of doing so, Obama consistently stated that he believed the Constitution could not save America from the GOP’s hostage crisis.

There are all kinds of good reasons why invoking the Fourteenth Amendment should only have been done as a matter of last resort. Among other things, a cloud of legal uncertainty would have hung over any bonds issued under the constitutional option, forcing America to pay inflated interest rates in order to sell them. Nevertheless, President Obama was wrong to rhetorically take this option off the table at a time when the GOP’s entire negotiating strategy depended upon backing the nation into a corner.

NEWS FLASH

Congressional Black Caucus To Obama: Use The Fourteenth Amendment | In a letter to President Obama, the members of the Congressional Black Caucus implored the president to invoke the Fourteenth Amendment to prevent the debt ceiling from triggering a fiscal disaster. The letter argues that Obama has “both the authority and a moral obligation” to invoke the Constitution “to avoid an economic catastrophe of historic proportions.” Every single one of the CBC’s members signed the letter with the exception of the caucus’ sole Republican, Rep. Allen West (R-FL).

NEWS FLASH

Hoyer Backs Constitutional Solution To Default Crisis | House Minority Whip Steny Hoyer (D-MD) became the highest ranking current elected official yesterday to say that President Obama should invoke the 14th Amendment to invalidate the debt ceiling if Republicans continue to hold the nation’s economy hostage until it is too late. “Very frankly, if it came down to his looking default in the eye on Tuesday or taking this action, as President Clinton said, it would be better to take the action and find out later that perhaps he went beyond his authority but … protected the creditworthiness of the United States of America.”

Justice

House Dems: If GOP Is Intent On ‘Destroying Government,’ Obama Should Use 14th Amendment To Raise Debt Ceiling

House Democrats say Obama has a constitutional option to hike the debt ceiling.

As negotiations continue over a debt reduction deal that has unneccesarily become part of the debate over raising the debt ceiling, some advocates are now looking for a way to raise the debt ceiling without needing the votes of obstinate, hostage-taking Republicans.

Today, a group of House Democrats held a press conference where they advocated for a fail-safe measure to ensure that the debt ceiling is hiked. These Democrats said that if all other measures fail, President Obama should simply issue an executive order invoking the 14th amendment to unilaterally raise the debt ceiling.

House Democratic Caucus Chairman Rep. John Larson (CT) and Assistant Minority Leader Jim Clyburn (SC) explained that their colleagues believe that if Republicans are intent on “destroying government,” then there should be a “fail-safe mechanism” to ensure that the debt ceiling is hiked and that this mechanism is the 14th amendment:

LARSON: If a small group is really that intent on destroying government, and is intent on saying they don’t believe there are any ramifications for their irresponsibility then we have to have a fail-safe mechanism, we believe that fail safe mechanism is the 14th amendment and the president of the United States.

CLYBURN: So I would say to the president, if that’s what lands on his desk, a short-term listing of the debt ceiling — he should put it on his desk next to an executive order he will have drawn up. And with the same pen that he vetoes that short term debt ceiling extension, he should sign an executive order invoking the 14th Amendment to this issue. I am convinced that whatever discussions about the legality of this issue can continue.

Watch it:

Clyburn added that when he presented his idea to the Democratic Caucus, it was met with applause. House Democratic Leader Nancy Pelosi (D-CA) has not yet taken an stance on the issue, but Larson said she is aware of Democrats’ support for the method.

President Obama is currently throwing cold water on the idea that the Constitution will save America from the impending default crisis, but this view has some high-profile dissenters. Right-wing legal scholars Eric Posner and Adrian Vermeule made the argument that Obama can invoke the constitutional option in a New York Times op-ed published last week. Earlier this month, former President Bill Clinton said that if he was in Obama’s place, he would use the 14th amendment himself to raise the ceiling.

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