During a House Judiciary Committee hearing prior to the congressional recess, Rep. Sydney Kamlager-Dove (D-CA) spoke about the historical context which the 14th Amendment was created and preserved.
Fuel your success with Forbes. Gain unlimited access to premium journalism, including breaking news, groundbreaking in-depth reported stories, daily digests and more. Plus, members get a front-row seat at members-only events with leading thinkers and doers, access to premium video that can help you get ahead, an ad-light experience, early access to select products including NFT drops and more:
https://account.forbes.com/membership/?utm_source=youtube&utm_medium=display&utm_campaign=growth_non-sub_paid_subscribe_ytdescript
Stay Connected
Forbes on Facebook: http://fb.com/forbes
Forbes Video on Twitter: http://www.twitter.com/forbes
Forbes Video on Instagram: http://instagram.com/forbes
More From Forbes: http://forbes.com
Fuel your success with Forbes. Gain unlimited access to premium journalism, including breaking news, groundbreaking in-depth reported stories, daily digests and more. Plus, members get a front-row seat at members-only events with leading thinkers and doers, access to premium video that can help you get ahead, an ad-light experience, early access to select products including NFT drops and more:
https://account.forbes.com/membership/?utm_source=youtube&utm_medium=display&utm_campaign=growth_non-sub_paid_subscribe_ytdescript
Stay Connected
Forbes on Facebook: http://fb.com/forbes
Forbes Video on Twitter: http://www.twitter.com/forbes
Forbes Video on Instagram: http://instagram.com/forbes
More From Forbes: http://forbes.com
Category
🗞
NewsTranscript
00:00I'm from Wisconsin. I now recognize the gentlelady from California.
00:03Thank you, Mr. Chair and Ranking Member. I think there's a quick video that I have.
00:16You don't need to be a genius to realize that Trump's not talking about babies that come from Norwegian vajayjays. No.
00:23He wants to wipe out the Constitution so that he can whiten America. That's what he's planning to do here.
00:28All right. I just thought since the South Africans are in the news, I would play that.
00:33I had a question for you, Mr. O'Brien. Is the Equal Protection Clause part of the 14th Amendment, yes or no?
00:41Yes, it is.
00:43Okay, thank you. And Mr. McOtter, is the Due Process Clause part of the 14th Amendment, yes or no?
00:49Yes, although each clause uses a different language.
00:52Okay, thank you. Yes, I do know. But thank you for that.
00:55I ask those questions because I have heard no objection from this body, no quarrel,
01:00no disagreement with the fact that the Equal Protection Clause and the Due Process Clause
01:05are embedded in the U.S. Constitution through the 14th Amendment.
01:08In fact, this country's president, that so many revere, has invoked the Due Process Clause on the regular,
01:16as he should, because it is his right.
01:19And he has, in fact, showed the country how due process works when applied without prejudice.
01:25If only it would work for the rest of us like that, but I digress.
01:29The point is those tenants are here to stay with birthright citizenship.
01:35So I want to talk about the times that gave rise to the 14th Amendment. It was 1868.
01:40There was the aftermath of the four-year, divisive, destructive Civil War
01:45that killed roughly three-quarters of a million soldiers, or 2% of the population,
01:50resistance in the form of Reconstruction, a massive tsunami in a soon-to-be U.S. territory
01:56that killed 70 people, and in the aftermath of the 1868 Louisiana Constitution,
02:01which gave black men the right to vote and a public education,
02:05you had Louisiana, the Louisiana Massacre, where black people were murdered trying to vote.
02:11As people would say from my hood in L.A., the white folks went cray-cray.
02:16And in spite of all of that, white congressmen showed up in 1868 to debate the 14th Amendment
02:23because in the midst of the madness and violence of the time, it was that important.
02:28And it passed with birthright citizenship, those three clauses.
02:34And these tenants forever changed this country.
02:37The 14th Amendment is a pillar of American law in a good way, and it has been for 160 years.
02:45Everyone recognizes that it should not be touched, that it is sacrosanct, even Justice Scalia,
02:51and Scalia, whose ideology I do not support.
02:55His reasoning is that the full 14th Amendment, which includes the Due Process Clause
02:59and the Equal Protection Clause, as well as birthright citizenship,
03:03was based on originalism, textualism, and traditionalism,
03:07and that one should consider the political and intellectual climate, beliefs, and prejudices
03:13of the time it was ratified, and the Amendment should be protected,
03:17which is why it is worth revisiting 1868, because the origin story of the Amendment
03:23is as applicable now as it was then.
03:26You had a Democratic president impeached in 1868 and a Republican president impeached in 1921.
03:32You had political violence in 1968 with the Louisiana Massacre
03:36and an insurrection that happened here in 2021, where Capitol Police were speared with American flags.
03:42You had a tsunami in Hawaii in 1868 and a fire again in 2023.
03:48You had an economic turndown in 1868, and you have $15 eggs under Trump right now in 2025.
03:56Same environment, toxic, hostile, destructive, deadly.
04:02And let's be clear, they had immigrants back then too, Irish, Jews, Germans, Italians,
04:09people who couldn't speak English, but they saw through the moment and passed the 14th Amendment.
04:15And it's not like this country has not had moments where people have felt under attack.
04:20We've had Jim Crow, World War II with the Germans, McCarthyism, the Japanese in internment camps,
04:26the Vietnam War, and birthright citizenship has survived all of that.
04:31And now, not because of war, but because somebody can't get a job at Walmart
04:37because of xenophobia, fragile ego, and mediocrity,
04:41we are going to look for culprits instead of protecting the Constitution.
04:45It is the epitome of lazy.
04:48And if they could put the 14th Amendment in the Constitution during those hostile times,
04:52we can keep it in law during ours.
04:55The climate is not different.
04:57It is the patriotism of the Republican Party that is different.
05:01And with that, Mr. Chair, I yield back.