MSNBC's Jansing Dismisses as Complicated New House Requirement to Justify Legislation's Constitutionality

January 6th, 2011 12:30 PM

MSNBC's Chris Jansing dismissed as "complicated" a new House rule in the 112th Congress that requires every piece of legislation being considered to have a statement laying out where in the Constitution the Congress has the authority to legislate on that particular matter.

"How complicated though, are we about to see things if the Republicans say you have to have a constitutional reason for every bill that goes before them," Jansing asked historian Michael Beschloss shortly after 10:30 a.m. EST on her January 6 "Jansing & Co." program.

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The MSNBC host noted the objection of Rep. Sheila Jackson-Lee (D-Texas) to a legislative proposal some conservatives are floating whereby children born in the United States to illegal immigrants would not be considered natural-born citizens. Jackson-Lee insists that would violate the 14th Amendment's protections of birthright citizenship.

Neither Jansing nor Beschloss noted the conservative counter-argument would be that children born stateside to illegal immigrants are not "subject to the jurisdiction" of the United States, as the 14th Amendment requires and that section five of the 14th Amendment stipulates that "Congress shall have the power to enforce, by appropriate legislation, the provisions" of the 14th Amendment, including, logically, defining those persons who  fall outside the jurisdiction of the United States (e.g. ambassadors from other countries, illegal immigrants, et al.).

"[I]t's all subjective," Beschloss argued, noting that interpretations of the Constitution will vary amongl congressmen.

"My guess is that by the end of this session, this idea is going to be long gone," he predicted.