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Fox dismisses the 14th Amendment as the "anchor baby amendment"

August 04, 2010 1:16 pm ET by Adam Shah

On Fox & Friends, co-host Clayton Morris labeled the 14th Amendment the "anchor baby amendment." This is part of a campaign by the right-wing media to change the Citizenship Clause of the 14th Amendment. The 14th Amendment is actually the amendment that forms the basis for many of the rights Americans enjoy today, including the right to desegregated public schools; the right to marry someone of a different race; and the requirement that states respect the right to keep and bear arms.

Trivializing the 14th Amendment as the "anchor baby amendment" is just sad. The 14th Amendment is actually the amendment that added the Equal Protection Clause, state Due Process Clause, national Privileges and Immunities Clause, and the citizenship clause to the Constitution.

As such, the 14th Amendment is the first time the notion of equality was explicitly included in the Constitution and is the basis for many of the constitutional rights that we all take for granted.

Here are just a few of the important decisions the Supreme Court has made under the 14th Amendment that Morris dismisses with the phrase "anchor baby amendment":

  • Segregated schools are unconstitutional (Brown v. Board of Education)
  • Bans on interracial marriage are unconstitutional (Loving v. Virginia)
  • Discrimination on the basis of sex is generally unconstitutional (Craig v. Boren)
  • Legislative districts must be equally apportioned, i.e., one person, one vote (Reynolds v. Sims)
  • The Constitution has a right to privacy, and that right means states may not outlaw access to birth control (Griswold v. Connecticut)
  • States, like the federal government, generally must seek a warrant before searching your house (Mapp v. Ohio)
  • States, like the federal government, must provide lawyers to criminal defendants (Gideon v. Wainright)
  • States, like the federal government, must abide by the Second Amendment individual right to bear arms (McDonald v. City of Chicago)
  • States may not pass a law criminalizing homosexual sex between consenting adults (Lawrence v. Texas)
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    • Author by soze169880 (August 04, 2010 1:21 pm ET)
      5  
      #
      # States may not pass a law criminalizing homosexual sex between consenting adults (Lawrence v. Texas)

      So the vast majority of the Republican party has a vested interest in keeping the Fourteenth Amendment intact.
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    • Author by all your eyes (August 04, 2010 1:30 pm ET)
      5  
      I guess this must have polled or focus-grouped well somewhere (maybe one of Frank Luntz' focus groups?)... but I don't get it. I mean, stoking racial anxieties is one thing, but attacking the 14th amendment openly in public is not something I had anticipated. Of course, I never would have guessed they would have proposed to end the direct election of Senators either. I wonder how long before they push us back to the Articles of Confederation?
      Report Abuse
      • Author by nerzog (August 04, 2010 2:33 pm ET)
        5 1
        The Troglodytes have never really gotten over the Civil War, and the 14th Amendment just reminds them of their humiliation at the hands of those damned Yankees. Of course they hate it.

        As for polling, the American Public, at large, is quite easily duped. That's why the Republicans have invested so much time and money into obtaining domination of the Mass Media.

        I wouldn't be surprised if someone could fashion a poll supporting the 14th Amendment's repeal right now. Maybe they already have, but I haven't seen it.
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        • Author by nerzog (August 04, 2010 2:37 pm ET)
          4  
          Actually, I should have said "News Media" instead of "Mass Media". I think Liberals still dominate in the vital area of sitcoms and reality shows.
          Report Abuse
    • Author by rwmacdonald2091 (August 04, 2010 1:35 pm ET)
      6  
      So when is Fox going to invite anchor baby Michelle Malkin on to discuss the "Anchor Baby Amendment"?
      Report Abuse
      • Author by Chicago Al (August 04, 2010 2:30 pm ET)
          3
        I believe that Michelle's parents are both in the country legally. If so, she should not be described as an anchor baby.
        Report Abuse
        • Author by trouble8 (August 04, 2010 7:47 pm ET)
          1  
          actually I believe Malkin's parents were here legally as students, then the little miracle arrived, then the parents got green cards; that sure looks like baby Michelle is reason that her parents could stay. so not quite the "anchor baby" but close.
          Report Abuse
        • Author by essbird (August 04, 2010 10:05 pm ET)
          2  
          Neither would she be a citizen by right, without the 14th. She would have to apply for citizenship.

          But that's not important to the fallacy of your point: Whether they are here legally or illegally, a baby born here serves, in practice, to anchor non-citizens and improve their chances for citizenship.
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        • Author by essbird (August 04, 2010 10:05 pm ET)
          3  
          Neither would she be a citizen by right, without the 14th. She would have to apply for citizenship.

          But that's not important to the fallacy of your point: Whether they are here legally or illegally, a baby born here serves, in practice, to anchor non-citizens and improve their chances for citizenship.
          Report Abuse
    • Author by DellDolly (August 04, 2010 1:36 pm ET)
      4  
      Absent the 14th amendment, we'd have a ton of people and their descendents in our nation who were basically without a country to call their own!

      I believe the 14th amendment is how we'll defeat laws like the immigration one from Arizona! And I think that the knowledge by the dishonest people on the right who KNOW that it's the 14th amendment that will disallow that law to be upheld that's causing them to attack the amendment now.
      Report Abuse
    • Author by SylvisPrestone (August 04, 2010 2:46 pm ET)
      4  
      Since corporations use the 14th Amendment as their basis for personhood, maybe we should take another look at how it can be changed in THAT regard.
      Report Abuse
    • Author by Turk72 (August 04, 2010 3:08 pm ET)
      1  
      Funny how the right has an issue with anyone attacking the bill of rights but no issue attacking any of the amendments after that. I
      Report Abuse
      • Author by politeradical (August 04, 2010 4:46 pm ET)
        1 1
        They don't like the Bill of Rights either. They'd happily p!ss on muslim first amendment rights where the "ground zero mosque" community center is concerned.

        They also stood by and did nothing while the Bush administration tossed out the 4th, 5th and 6th amendments if someone was accused of being a terrorist.
        Report Abuse
        • Author by boulderhippy (August 04, 2010 7:26 pm ET)
            3
          the Bush administration tossed out the 4th, 5th and 6th amendments if someone was accused of being a terrorist.


          Name an American citizen that was denied their rights.
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          • Author by congero6189599 (August 04, 2010 8:17 pm ET)
            3  
            Jose Padilla off the top of my head.
            Report Abuse
          • Author by politeradical (August 04, 2010 11:19 pm ET)
            2  
            Constitutional protections extend to anyone under US jurisdiction, not just citizens.
            Report Abuse
          • Author by mescal (August 05, 2010 1:29 am ET)
            2  
            Every single freakin' American... including YOU, lame brain... who made a phone call or sent an e mail while the national security state was secretly recording them.
            Report Abuse
          • Author by gilhow (August 05, 2010 10:43 am ET)
              1
            Bush/Cheney aren't the only ones. Media Matters totally ignores democracy and the meaning of our First Amendment when, like the Roman Catholic Church, it must approve the speech of others. This is my last writing--or reading--of anything to do with Media Matters. It's out of my Bookmarks.
            Report Abuse
        • Author by gilhow (August 05, 2010 10:41 am ET)
          1  
          I fully agree, but Bush/Cheney disregarded a lot more than just the 4th, 5th, and 6th Amendments. They disregarded the complete Constitution and all of its Amendments. They disregarded any of our laws they did not like. And they disregarded those man-made Ten Commandments that they whored with to win over the foolish votes of the Religious Right--you know, those people who don't know the difference between religion and politics, churches and government
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    • Author by politeradical (August 04, 2010 4:42 pm ET)
      1 1
      Wouldn't be surprised if they try to roll back the 13th amendment while they're at it.

      The right's racism has become so overt and so blatant I'm surprised they haven't gone back to using the "N" word.
      Report Abuse
    • Author by Randall Flagg (August 04, 2010 10:29 pm ET)
      1  
      WHAT?? But I thought the Constitution was sacred, and was being ripped to shreds by the libs. Oh, I guess only when it's working the way they want.
      Report Abuse
    • Author by grmce (August 05, 2010 12:33 am ET)
      3  
      It's time to stop calling these people conservative. They are just a bunch of self serving bigots whose ignorance is only exceeded by their vileness.

      Their touting of their respect for "traditional values" is shown to be just so much hogwash as soon as those "traditional values" become inconvenient, particularly if they safeguard those who are the object of their hatred.

      These characters are simply nasty liars.
      Report Abuse
    • Author by phredicles (August 05, 2010 1:05 am ET)
      1 1
      The 14th Amendment is one of the things that makes this country great, one of the fullest statements of our highest ideals, and one of the most important vehicles of fulfilling its promise.

      I cannot overstate my horror and revulsion at hearing these dirtbags talking about tampering with it.
      Report Abuse
    • Author by mikelartist (August 05, 2010 1:43 pm ET)
        1
      I am all for retroactively ridding the country of "anchor babies" BUT... ONLY if it gets that filthy, anti-American, abusive hag Michelle Malkin the hell out of here.
      Report Abuse

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