Some of those who call themselves conservatives don’t seem to want to share the country with a portion of us who have grown up thinking we are all American.
Some years ago the Federalist Society brought in a speaker to Albany Law to talk about religion under the Constitution. He said that America is a Christian nation. Sitting in the audience, I pointed out that there are two statements about religion in the Constitution as it was written in 1787 and ratified the next year:
- In Article VI, sec. 3, the Constitution commands, “but no religious test shall ever be required as a qualification to any office or public trust under the United States.”
- Both Art. I, sec. 3, par. 6,- and Art. II, sec. 1, par. 8, couple the options an oath or affirmation – that is to say a religious or secular declaration – wherever that kind of formal promise is required.
Then the First Amendment, ratified in 1791, reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
That’s it. That’s everything the text of the Constitution says about religion.
Before he was killed, Charlie Kirk was quoted as saying this is not only a Christian but a Protestant nation and I’ve heard that from others. Unfortunately, zealots embody considerable ignorance. Maryland had a very considerable Catholic population and was represented by Catholics in the Constitutional Convention. South Carolina adopted the Moors Sundry Act in 1790 to invite Muslim Morrocans to settle. Jefferson owned a copy of the Quran. Jews were part of New Amsterdam before the British changed its name to New York and they were active in the Revolution against the British and in communication with General Washington.
Many prominent Americans were “deists” who believed in God but did not follow any particular religion. Ben Franklin’s Autobiography singles out a group for admiration for its refusal to declare its beliefs in case they change.
We’re all here. We’ve been here for centuries. Our parents were and we are Americans. The Citizenship Clause of the Constitution is very explicit:
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 infamous Dred Scott decision, which contributed to the Civil War, denied the citizenship of African-Americans. So, the 14th Amendment responded, with great clarity, if you’re born here, you’re an American. And the discussion in the Congress that wrote the 14th Amendment made clear that it was purposely written to apply to “All persons born” here, and the only exception was for people not “subject to the jurisdiction” of the U.S. like some diplomats.
The courts have properly been recognizing the citizenship of all of us who were born here. Whether we’re first generation or tenth generation, we’re here; we’re Americans. And the Citizenship Clause can’t be rejiggered to send some of us back to places we have no connection with.
That of course is consistent with what both the Old and the New Testament instruct those of us who hold the Bible sacred – that our neighbors are and should be treated like ourselves, for, as Leviticus said, “you were strangers in the land of Egypt.”
So welcome. I hope you’ve found our country a good to live.
Steve Gottlieb’s latest book is Unfit for Democracy: The Roberts Court and The Breakdown of American Politics. He is the Jay and Ruth Caplan Distinguished Professor Emeritus at Albany Law School, served on the New York Civil Liberties Union board, on the New York Advisory Committee to the U.S. Civil Rights Commission, and as a US Peace Corps Volunteer in Iran. He enjoys the help of his editor, Jeanette Gottlieb
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