'The Justices should take this opportunity to enforce the enduring promise of the Fourteenth Amendment and finally banish 'Dred Scott' to the constitutional grave where it belongs,' writes neal_katyal
. Ms. Jackson is the great-great-granddaughter of Dred and Harriet Scott and the founder of the Dred Scott Heritage Foundation. Ms. Torres-Mary is the great-granddaughter of Isabel Gonzalez, a Puerto Rican woman whom the Supreme Court wrongly failed to recognize as a U.S. citizen nearly a century ago.
earlier this year, the Fourteenth Amendment’s guarantee of birthright citizenship “forever closed the door onSadly, when it has come to the U.S. territories, our nation and our courts have not always lived up to the Fourteenth Amendment’s noble ideals. In 1904, the Supreme Court had the opportunity to fully enforce the Fourteenth Amendment’s promise of citizenship and equality in U.S. territories.
Yet instead of declaring Isabel a citizen, the Supreme Court punted. The Court ruled only that Isabel Gonzalez was not an “alien” within the narrow meaning of the relevant immigration statute. The decision invited the federal government to deem Americans born in territories “non-citizen nationals.” And that result is precisely the kind of second-class status to whichhad consigned African Americans but which the Fourteenth Amendment forbids for all Americans.
. Without properly confronting the text, history, or purpose of the Fourteenth Amendment, the Court of Appeals ruled that Congress has the unilateral power to deny birthright citizenship in U.S. territories like American Samoa. That holding echoes some of the most infamous words in: the notion that a group of Americans could have “had no rights or privileges but such as those who held the power and the Government might choose to grant them.
The Supreme Court is now presented with a clear choice. The Court can deny review and once again allow the political branches to run roughshod over the promise of the Fourteenth Amendment. Or the Court can enforce the constitutional promise denied to Dred Scott, Isabel Gonzalez, and so many in American Samoa today: All those born in the U.S.—regardless of race, creed, or color—are full and complete citizens.
Danmark Seneste Nyt, Danmark Overskrifter
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