KEYES: The 14th Amendment is not something that one should play with lightly. I noticed, finally, that Lindsey Graham, used the term — as people have carelessly done over the years — referring to the 14th Amendment as something that has to do with birthright citizenship, and that we should get rid of birthright citizenship. Now let me see, if birthright citizenship is not a birthright, then it must be a grant of the government. And if it is a grant of the government, then it could be curtailed in all the ways that fascists and totalitarians always want to.
I think we ought to be real careful before we adopt a view we want to say that citizenship is not a reflection of our unalienable rights. It is not a grant of government, but arises from a set of actual conditions, starting with the rule of God, that constrain government to respect the rights of the people, and therefore the rights that involve the claim of citizenship. Those are really deep, serious issues, and when the amendment was written, and when it was first referred to in the Slaughterhouse cases, the Supreme Court declared that they knew they were touching on something that was absolutely fundamental. And I think before we play games with it in any way, we need to remember that ourselves.