Chaffetz and the Constitution

It's been fairly big news locally over the past day that Rep. Jason Chaffetz (R-UT03) has joined on as a cosponsor of H.R. 1868, the Birthright Citizenship Act. This bill, sponsored by Rep. Nathan Deal (R-GA09) and currently co-sponsored by 78 congressmen, including Chaffetz and one Democrat, Rep. Gene Taylor (D-MS04), would deny birthright citizenship to any children born in the United States whose parents are both undocumented immigrants. Let's do a little constitutionality check.

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...
-The Fourteenth Amendment to the United States Constitution

Now, I don't think that Chaffetz is unaware of the Constitution, as Curtis Haring suggests, but I don't think he quite understands it. He seems to be under the impression that it only applies when he agrees with it. As Isaac Higham posted on Chaffetz's Facebook profile, "You can't just add an except to the Constitution without a Constitutional amendment." He had no problem citing constitutional concerns in his opposition to DC Voting Rights. In that case, he was right. The bill was probably unconstitutional. This bill, however, directly contradicts the Fourteenth Amendment. You don't see him opposing it now, now that such a bill directly aids the bigotry that got him elected. Chaffetz, to me, used to be a radical right-winger who had some really stupid, but nonetheless, constitutional, ideas. Now, he's just another example of GOP hypocrisy.

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