Amending the 14th

Greg Windle

The 14th Amendment to the constitution of the United

States states that only people born in a state belonging to the United

States are citizens, and therefore all other people in the United States

or an associated territory or commonwealth do not have full rights of

citizenship. They are deprived of two rights that all other citizens have:

the right to run for office, and the right to vote. Despite the fact that all

citizens of commonwealths and territories outside the United States

pay taxes to the U.S. government, they are allowed little involvement

in this government. An amendment to the constitution of the United

States of America should be made that alters the 14th amendment –

changing all places where it states the requirements of citizenship such

as “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.” To things such as “All persons born or

naturalized in, or in a commonwealth or territory of the United States

are citizens of the United States, and of the State, commonwealth, or

territory wherein they reside.” – to change it in such a manner that

allows all people born in common wealth’s of the United States all

rights of citizenship, particularly the right to vote.

Like many other countries in the area, Puerto Rico is known in

the English language as a Commonwealth. However, the literal

translation of “Estado Libre Asociado” (what the government is known

as in Spanish) is “Free Associated State,” yet Puerto Ricans and

citizens of other countries of similar circumstance do not have the right

to vote that all citizens of “States” in the U.S. do. All citizens of said

states will argue that they pay taxes to the United States of America,

and therefore have earned their right to vote. However, contrary to

popular belief, all citizens of territories and commonwealths pay most

federal taxes, and all federal pay roll taxes such as: import/export

taxes, federal commodity taxes, social security taxes, etc. They pay

the taxes that we pay, and deserve the same representation that we

have.

Although all territories and commonwealths are known as “self-

governing” they are in fact “subject to U.S. jurisdiction and

sovereignty,” [2] and all current powers of said governments, are

delegated by the United States Congress. The country of Puerto Rico is

so “self-governing” that they have their own governor, however their

head of state is the President of the United States. The government of

the U.S. has a strict hold over the laws and government of common

wealth’s and territories, but without U.S. citizenship they are unable to

run for office in this government that has such a direct effect on their

lives and government.

The commonwealths have frequent political disputes over

becoming a state for various reasons, though in the case of Kentucky,

Massachusetts, Virginia, and Pennsylvania, it is possible to be a state

and a commonwealth. These are recognized states of the U.S. and

Pennsylvania is in fact one of the original 13 states of the country. Yet

they are also officially commonwealths, with their own governments

differing from the standard state government. In this manner

commonwealths such as the North Mariana Islands, and Puerto Rico

could become states of the U.S.A. without giving up their

independence as a commonwealth.

This amendment to the constitution would give voting rights to

those who pay taxes to our country, yet do not have as equal

representation as other tax payers. It would give countries official

power in the vary country that has power over them. Amending the

14th amendment would create equality out of a situation that fosters

nothing but unjust dominance.

The current 14th Amendment:

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. No state shall make or enforce any law, which

shall abridge the privileges or immunities of citizens of the United

States; nor shall any state deprive any person of life, liberty, or

property, without due process of law; nor deny to any person within its

jurisdiction the equal protection of the laws.

The amended 14th Amendment:

All persons born or naturalized in, or in a commonwealth or territory of,

the United States are citizens of the United States and of the state,

commonwealth, or territory wherein they reside. No state,

commonwealth, or territory, shall make or abridge the privileges or

immunities of citizens of the United States; nor shall any state,

commonwealth, or territory deprive any person of life, liberty, or

property, without due process of law; nor deny to any person within its

jurisdiction the equal protection of the laws.

Works Cited

MacMeekin, Dan. “The Overseas Territories and Commonwealths Of the

United States of America.”

http://macmeekin.com/Library/terr+commonw2.htm

Bureau of Intelligence and Research. “Dependencies and Areas of

Special Sovereignty.” http://www.state.gov/s/inr/rls/10543.htm

Yale Law School. “Colonial Charters, Grants and Related Documents.”

http://avalon.law.yale.edu/subject_menus/statech.asp#pa