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Framing the 14th Amendment

Updated on August 8, 2010

"To follow by faith alone is to follow blindly."

Benjamin Franklin

With respect to the fourteenth Amendment to the Constitution...

As circumstance dicates from time to time, we are meant to revisit our past. We serve ourselves best to do this for it reveals self-evident truths. Truths of argument and debate expose intent toward agenda.

Present day, this topic is relative when discerning the disposition of America's Immigration position. For the purpose of discusion, Section I addresses such issue.

The discussion will avoid two conspiracy theories viewed as conduits for distraction. "The Birthers" agenda to remove the President from office in addition to the eminent Supreme Court case regarding Equal Rights for gay couples; topics for another time.

Sen. Lindsey Graham, R-S.C., told Fox News after the Arizona ruling came down that "birthright citizenship" needs to be changed.

"We should change our Constitution and say if you come here illegally and you have a child, that child's automatically not a citizen. They come here to drop a child -- it's called 'drop and leave."

The latest terminology we can add to our lexicon is " Anchor Babies"

The Birth Right

The 14th, like it's monumental predecessor, was a proclamation to the world. It was framed in the spirit of truth; for the people. The people know what makes them happy...not to be confused with what makes someone unhappy about anothers' happiness.

Section 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.

"When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation."

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

Not who shouts the loudest, not a head count, not established religious or traditional beliefs. When it comes to mankind, the common thread is, the law of our Creator falls under the purview of God; deemed Self Evident, if you will.

Did anyone expect the founders to place an asterek after: "all men"*, with a footnote stating "to be rectified later or before we destroy ourselves from within?"



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    • gjfalcone profile imageAUTHOR


      6 years ago from Gilbert, Arizona

      Tusitala, Thank you for kind words. That would be me in the Photo. Take care, Be Well.

    • Tusitala profile image


      6 years ago

      I got this part, thanks though. Obviously, I like your

      viewpoints. We need so many more calm voices. Guessing, your the badge in the picture; but wouldn't put money on it.

    • gjfalcone profile imageAUTHOR


      6 years ago from Gilbert, Arizona


      God bless your children, I pray they return safe, & thank them for their service for me.

      Read your Bio, I'm so glad to have had the opportunity to greet you.

      God Bless the United States of America

    • LuxmiH profile image

      Luxmih Eve-Lyn Forbes 

      6 years ago from Fort Pierce, Florida

      Its a terrific Hub that creates dialogue. Bravo!

      I am so encouraged by patriotism. I am not American by birth, but I sure am a Proud American by choice. I have two sones serving in the USA Air Force and they too are proud of their country.

      Voted up Plus!!!!

    • gjfalcone profile imageAUTHOR


      7 years ago from Gilbert, Arizona

      I gotta sit down. Moses Mt.Sinai Ten Commandments...?

      They are recognized as a moral foundation in Judaism and Christianity, and their substance also figures in Islam. Murder, Adultery, theft & perjury are relevant to the rule of law.

      These principles may have been the underlying foundation considered by the framers; yet even with the rule of law there is turmoil.

      My concern is we keep anarchy at bay due to the deterioration of these antiquated ideals(I through IV). Moses died with the coming of Jesus Christ; the acceptance of Tolerance toward Man.

      Separation of Church & State works for me for that reason alone. We're talking about a time in history when science offered little in the form of answers.

      Personally, I found the Old Testament a fascinating read.

      I believe there actually is great value in the lessons of that literal work for today's world. I just can't place them as close to the Bill of Rights as you do.

      Thanks for pointing out what I hadn't realized, I thoughly enjoyed it.

    • JON EWALL profile image

      JON EWALL 

      7 years ago from usa


      In America one can have many desires and beliefs. The foundation ,I believe, of society is the 10 commandments which most laws follow in one way or another. The Constitution and the Bill of Rights guide us in the freedoms that we in America hold as principal. Without the rule of law, there would be turmoil in the country.

    • gjfalcone profile imageAUTHOR


      7 years ago from Gilbert, Arizona

      Dear Mr. Ewall,

      Forgive the delay to your last point. Let me start by saying this. I am essentially a centrist. A liberal Republican. A pro choice Right to lifer. To most that makes no sense.

      As a one time Federal Officer I strongly agree with your premise of respecting the law & those whom enforce it.

      To the point of the punishment fitting the crime. Per Capita, if I may use that term loosely, the USA locks up more of its citizens than any other country.Capitalism at work. Predominatly for drug related offences. Agreed?

      The point regarding amnesty is duly noted. It goes to your point RE: Border Security. National Defence begins with securing our borders and one only needs to see the problem lies with politicians looking to keep their "gig" as the prominent Senator of Arizona.

      Tell me your point of view IE: the Govenors of New Mexico perspective regarding legalization of marijuana to resolve this issue.

      Also you wrote: the laws of the land are not only for citizens to obey but our government as well. Leaders as well? By definition does that not make them a leader. I think that what politicians refer to as pandering. "No man is above the law" is a founding priciple of that little document right?

    • JON EWALL profile image

      JON EWALL 

      7 years ago from usa


      WHEN YOU RAISE YOUR CHILDREN YOU TEACH THEM RIGHT FROM WRONG. You teach them to respect the laws and policeman who defend the laws. You break the law - you do something wrong- you are punished.

      Each and everyone of those crossing the border - risking their life-knew that they were breaking the laws of the US.

      IN 1986 OUR GOVERNMENT PASSED a law to correct the problems by granting amnesty. So what happened, the result is what's happening today.

      What makes many legal citizens angry is when those breaking the law march with signs reading '' we have rights'',''racist'' and some with Mexican flags.

      The laws of the land are not only for citizens to obey but also for our government..

    • gjfalcone profile imageAUTHOR


      7 years ago from Gilbert, Arizona

      The Arizona law -1986 FEDERAL LAW

      The subject is illegal immigration and the present federal laws


      The subject is illegal immigration and the present federal laws

      The federal government's irresponsibility in not enforcing the law

      The politicians say '' we are a nation of the rule of law''. The US constitution spells out the rights of their citizens.

      Break the law and you will be punished according to the law. What is racist and why are certain people exempt from breaking the law?

      What Arizona is saying to those who enter Arizona is that if you break our laws you will be punished according to the laws of Arizona.

      According to the constitution, states have the authority to make law for citizens of the state. Elected official voted into office by the citizens can vote to make law.

      If you or anyone don't like the laws on one state they are free to go to any other state.

      The premise is '' you are presumed innocent until you are found guilty'' by due process of the law.

      The Arizona law will start to be enforced in 90 days. That gives any illegal sufficient time to '' get out of town ''.70% of Arizonians support the law .

      The federal government's refusal to enforce the law is inexcusable and indefensible. The government is the real problem not the state of Arizona.

      My Response;Serving your Country

      All those whom have not served in the Military and listen to Fox News exclusively take a step forward.

      Actual opinions and debate to grow on; because labels serve no purpose but to be devisive...agreed

      I don't know who the author is of this but I don't blame you for not signing your work. This is a local issue that is under the auspices of the Federal,State & local Governments. To simplify it to a Black & white issue is naive. It's complex, its vast and most assuredly cannot be altered by rearranging the sequence of words in the Constitution. That is not problem solving, its evading the issue, its cowering behind a glorious document.

      The fact of the matter is both political parties have been playing volleyball with this issue for years, decades even. The Dems see constituency gains through pandering to the legal voting immigrants...while the Reps just love that cheap labor. Meanwhile,the lives separating the two hidden agenda's are caught up in the net. Legal residents, legal immigrants and illegal aliens pay the price in Blood, Pain and Hardship. Surely as an American you have a right to weigh in...but put both feet on the scale if you do...surely you can dip your toe in the water, but you'll not feel the shock of the body of water until you immerse yourself within it...And Finally,I leave you with this nugget to ponder...For those who choose the Balcony, to Judge what they think they see, shall never know the Glory of the Mainstage quite like me. Good Day Sir: signed; gjf

    • gjfalcone profile imageAUTHOR


      7 years ago from Gilbert, Arizona

      Hey Jon, here's the thing...I believe debate is good. I believe problems can be solved through open dialouge and the free exchange of ideas.

      Having said that, the theory one can show up to a knife fight with library books tells me you don't get it. This is not a existential exercise...its personal. My son was beaten Sir, his Girl and unborn child were hospitalized, a coma my friend.

      I take exception to your perspective that your plan is "a start for a solution to the problem." The premise illegals will leave is an armchair assumption. Its about their survival. Until the huge cash bonuses are removed from drug trafficing, they are guaranteed survival. They choose to live with the consequences. That's what makes Drugs the 'Scourge of the West'.

      Now forgive me for pointing out the obvious, but, do you have numerous Mexican Drug Cartels in Chicago? I'm not aware of any. Tell me I'm wrong that this conversation is the closest you'll get to an up front and personal encounter Sir.

      Furthermore, I agree with many components of your Argument. Additionally, I consider the value of our discussion invaluable.

      But My Good Man, this is my Family and the stakes are higher on the frontlines.

      Thank you Jon Ewall. If you weren't so far away I'd buy you a beverage while we would continue this conversation.

      Sincerely, gjf

    • JON EWALL profile image

      JON EWALL 

      7 years ago from usa


      Thanks for a reply. may I add some comment?


      DON’T WORK

      ‘’ We are a nation of the rule of law ‘’, without incarceration and punishment the law is nothing but a farce perpetrated on legal citizens.

      A start for a solution to the problem.

      1 Deny all non citizens government entitlements ( they will leave )

      2. Deny birthright to children born of non citizens ( they will leave )

      3. Incarcerate in open air tent city built near the border ( short trip )

      4. Incarcerate penalty ( hard labor )

      5. No new laws until borders are secured

      6. Amnesty will not be considered ( laws have been broken and laws

      need to be enforced)

      Immigration Law

      ARTICLE IV, Section 4 of the U.S. CONSTITUTION

      The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against

      domestic Violence.


      8 U.S.C. § 1324(a)(1)(I) and (v)(I) (alien smuggling and conspiracy)

      is a fine under title 18, imprisonment for not more than 10 years, or

      )…….. A mandatory minimum

      three year term of imprisonment applies to first or second violations

      of § 1324(a)(2)(B)(I) or (B)(ii). Further enhanced punishment is

      provided for third or subsequent offenses.


      I'M GOING TO PASS YOUR IDEA TO MY ELECTED GOVERNMENT OFFICIALS.Most of them will reply. If I get an answer,I'll pass it on.

    • gjfalcone profile imageAUTHOR


      7 years ago from Gilbert, Arizona

      Due respect Sir, on paper, it's simple.

      The logistics, the manpower, the budgetary contraints, the overwhelmed Judicial & ICE backlogs, the strain on resources. It supplies the next generation to live underground, off the radar, thereby promoting even more illegal activity; IE: The Mexican Drug Cartels...

      Additionally, the money they obtain has no multiplying effect to stimulate our economy, it's sent South of the Border to their families in Mexico.

      Amending the Laws/rules has no tangible effect with respect toward incentive of compliance. It creates the next generation of potential criminals; desperate violent criminals.

      •Foreign-born residents now account for 13 percent of the state’s total population.Total Population: 6,200,000 (2006)

      •More than 500,000 illegal immigrants are believed to be living in Arizona.

      . 450,000 people were arrested by Border Patrol agents for crossing the border illegally in 2001

      Thanks for your comments FitnezzJim, I respectably disagree with your theory " A simple change."

    • FitnezzJim profile image


      7 years ago from Fredericksburg, Virginia

      A simple change fixes the 'drop and leave' loophole. Amend "All persons born or naturalized in the United States" ... to be "All persons born of U.S. citizens or naturalized in the United States".

    • profile image

      Howard Schneider 

      7 years ago from Parsippany, New Jersey

      You are quite right that both sides use this issue for their own political benefit. Ironically the Bush administration used this issue to do the right thing and pass a comprehensive immigration bill only to have his far right kill it. He and Rove tried for 8 years to solidify Hispanic support and made great inroads. Now the GOP is ceding this territory to the Dems for short term political gain. Even McCain has resorted to this. He had been a champion of reasonable immigration policy but his far right has forced him right for his political survival. It would be nice to have both sides sit down and give a little to the other side and create policy that works. I regret that I don't know who said the partisan politics leading to the end of democracy line but it sounds like Washington. He saw his cabinet slowly breaking apart between Hamilton and Jefferson along strong or weak federal government lines. Some things never change.

    • gjfalcone profile imageAUTHOR


      7 years ago from Gilbert, Arizona

      Mr. Schneider,

      from the great state of New Jersey:

      The problem with facing the truth is one never knows the road it leads to. It is safe to say however both sides of the isle are guilty of a hidden agenda. The Dems have used immigration as a carrot to win over minority votes while the Republicans love the stick of cheap labor.

      There was a quote from a founding father, maybe you could help me out. The derisive nature/ partisianship of political parties would lead to the end of Democracy... or words to that effect.

      Thanks for the feedback...hope to hear more from you soon...IE:

    • profile image

      Howard Schneider 

      7 years ago from Parsippany, New Jersey

      I wholeheartedly agree gjfalcone. This fiddling around with the 14th amendment is another example of political pandering. I respect Sen. Graham and I expected better of him. A comprehensive immigration law is needed which will enhance punishment to employers for hiring undocumented workers. Increased spending for customs and border control would also help along with a path to citizenship for those millions of illegals already here. These conservatives talk about judicial restraint and strict constructionism when it suits them but manipulate it at every political turn. Both sides should sit down and solve the problem and leave the constitution alone.

    • gjfalcone profile imageAUTHOR


      7 years ago from Gilbert, Arizona

      Dear Jon,

      Thanks for weighing in from Chicago. Would you agree both sides of the isle had their agenda regarding the long term issues concerning illegals? A pox on both houses Jon. If so, does that not compell us, the people, to resolve the issue, by pulling the problem out by its roots? The Illegals' incentive to break the law must be removed. Then and only then will US citizens be safe inside their own border. Sincerely gjf

    • JON EWALL profile image

      JON EWALL 

      7 years ago from usa


      DON'T SOUND TOO COMPLICATED.The problems occur when the unauthorized citizen or citizens are arrested and subject to be deported to their country of origin.Some say that to deport the parents is cruel and breaking up the family is unamerican. If their concern is of the welfare of the child first,it is their responsility to decide to break up the family in the end.

      Immigration laws must be enforced if violated.


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