Best Of The Web
“President Trump accomplished something remarkable this week: He sent his harshest critics and closest allies running to the Constitution. In an interview about immigration, the president argued that the “ridiculous” policy of birthright citizenship has to end—and that he can do it through an executive order.
In response, Democrats and Republicans alike have raised the banner 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 and of the States wherein they reside.” They claim this means anyone born in the U.S. has a constitutional right to citizenship. But a closer look at the language and history shows this is not the Constitution’s mandate and should never have become national policy.
The crucial phrase is “subject to the jurisdiction thereof.” As originally understood when Congress proposed the amendment in 1866, that referred not merely to the obligation of following U.S. laws but also, and more important, to full political allegiance. According to Lyman Trumbull—who was chairman of the Senate Judiciary Committee and a co-author of the 14th Amendment—being “subject to the complete jurisdiction of the United States” meant “not owing allegiance to anybody else.”
That reading is supported by the 1866 Civil Rights Act, also written by Trumbull, which Congress passed over President Andrew Johnson’s veto before proposing the 14th Amendment. The Supreme Court endorsed this reading in the Slaughter-House Cases (1872) and Elk v. Wilkins (1884).”
JJ Editor's Daily Picks
"The biggest topic in British political circles on Monday wasn’t the country’s impending departure from the European Union. It was milkshakes..."
"I often disagree with Rep. Justin Amash, R-Mich., but I've been disturbed by the idea that he should be run out of the Republican Party just because he believes President Trump committed impeachable offenses."
"The Icelandic band Hatari, whose members are quite vocal in their animosity towards Israel, held up Palestinian flags... Madonna, likewise, had two of her performers wear Israeli and Palestinian flags on their costumes."
"To celebrate the 10-year anniversary of Quentin Tarantino's "Inglourious Basterds" premiering at the Cannes Film Festival, I turn to movie critic Roger Ebert's old review of "Raiders of the Lost Ark." (Trust me on this one.)"
"The money is already here—and has been for years. In the midst of a housing crisis, an injection of cash into the superheated real-estate market seems likely to cause an uptick in evictions and displacement."
"Parents concerned about YouTube debate whether to let their children have their own channels; some forbid it, others send them to summer camp..."
"‘I Had Completely Lost the Knack for Staying Alive..." Warmer weather brings daffodils, rhubarb at the farmer’s market — and, for some, despair."
"With his new book, Howard Stern proves that his rightful place is among the prophets and moral visionaries, not the ‘shock jocks’"
"I’m terrified of parenting in the anti-vaxxer age: Anti-vaccine propaganda isn’t just harmful to children. It threatens to erode our entire sense of community."
"...doctors are starting to think more about specific nutrients that feed tumor cells. That is, how what we eat affects how cancers grow..."
"...it represents an impressive achievement: a victory of humankind against the chaos that pervades the universe."
"If trends continue, in 20 years the majority of the world’s Jews will be living in Israel. The United States will see a continuing decline in overall numbers, with a growing observant Jewish population..."