Birthright a birth wrong?
Jan. 6, 2008 12:00 AM

In the old days, successful politicians kissed babies. Now, they kiss babies off.

This according to the de facto governor of Arizona, state. Rep. Russell Pearce, the man behind Proposition 200 and the new law that punishes employers of illegal aliens.

This year, Pearce is planning to usher through the Legislature a referendum for the November ballot that would deny birth certificates to babies born to illegal immigrants.

As he told me last week, "With this immigration crisis, I was like Barbara Mandrell. You know that song of hers? The one that goes, 'I was country before country was cool.' "

He's right. Not very long ago, Pearce was just about the only Arizona politician pushing for border security, tough enforcement of immigration laws and getting states to do what the federal government would not do.

"That sure has changed," he said, laughing.

Over the past few years, Pearce has set the agenda at the state Capitol. He's had much more to do with directing Arizona politics than Gov. Janet Napolitano. And he'll do so again this year with his plan to go after the "anchor babies" of illegal immigrants.

"Congress needs to fix this," he said. "I agree with people who believe that. But Congress is AOL - away without logic. They have done nothing. So I believe states have an inherent responsibility to enforce the Constitution. And I think on this that there should be no citizenship. And I think people will agree with me."

So do I. I'd guess that his referendum would attract about 70 percent of the vote, as happened with the others. Then it would get killed in court.

Clint Bolick, a constitutional expert at the Goldwater Institute told me, "A state cannot change the conditions of citizenship. On this the language in the Constitution is as clear as day.

"I wish that all constitutional provisions were as clearly worded as is the 14th Amendment. There are many issues on which reasonable minds can differ, but this is not one of them. The Constitution says that any person born in the U.S. and subject to the jurisdiction of its laws is a citizen."

Pearce doesn't believe that illegal aliens are under the jurisdiction of our laws, however, though he admits that his plan will have a tough time getting through the courts.

According to Bolick, "Nothing short of an amendment to the Constitution will change the citizenship status of people born in the United States. If one is interested in the changing the law and not merely in making a point, that would be the way to proceed."

Pearce has a different view. He believes that he can change the law by first making the point that so many Arizonans - and subsequently, Americans - want it to be changed.

"Because of the way the courts have interpreted this, and because they say this is the purview of Congress, there could be a challenge," Pearce said.

"But, you know, when do we stand up for what makes sense? That's what we're doing here. You had almost 400,000 babies born to illegal aliens in the U.S. last year. That is huge, and there is a lot of cost to that. Billions of dollars. After we pass this referendum, other states will follow. You see it now with employer sanctions. It will happen again, you watch."

There aren't many high-powered Arizona politicians willing to take on Pearce when it comes to this issue . . .

Correction. There aren't any.

Just the opposite. His bandwagon is getting so crowded, he said, "They're about to push me off. But I'm grateful. I'm glad to have them."

One item you won't see on the rear window of that particular runaway vehicle is a little yellow sign reading: "Baby On Board!"

Reach Montini at 602-444-8978 or ed.montini@arizonarepublic.com. Read his blog at montiniblog. azcentral.com.
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