Posted by: distributorcap | August 6, 2010

Mischling to the First Degree

The chatter about making changes to the 14th Amendment of the Constitution (which give automatic citizenship to anyone born on US soil) has gone from quiet whispers to an all out shout from the (pea)nut gallery. GOP Senators Graham, Kyl, McConnell, McCain, Grassley and over 90 members of the House (all Republican of course) have called for some sort of change to the citizenship clause or out-right repeal of this amendment. Using the “anchor-baby” (coming to the US for the specific purpose of giving birth) argument as their defense, these “strict constitutionalists” have found a new way to belittle, demonize and and exclude anyone who is not an old, white guy.

Funny thing, the 14th amendment, enacted in 1868 to overturn the Dred-Scott decision (which I GUARANTEE Sarah Palin could not describe) was proposed and pushed by the Republican party.

Representative Gary Miller (R-Calif) has reintroduced HR 994, a bill he claims can amend the 14th amendment without constitutional procedure. The bill in effect “redefines” citizenship based the definition of status in the country. The relevant part is as following

(3) by adding at the end the following:

(b) Definition- Acknowledging the right of birthright citizenship established by section 1 of the 14th amendment to the Constitution, a person born in the United States shall be considered ‘subject to the jurisdiction’ of the United States for purposes of subsection (a)(1) if the person is born in the United States of parents, one of whom is–

  1. a citizen or national of the United States;
  2. an alien lawfully admitted for permanent residence in the United States whose residence is in the United States; or
  3. an alien performing active service in the Armed Forces (as defined in section 101 of title 10, United States Cod
  • (b) Applicability- The amendment made by subsection (a)(3) shall not be construed to affect the citizenship or nationality status of any person born before the date of the enactment of this Act.

As one expects, the wording regarding “alien” is vague. What if one parent is a citizen and the other is illegal? What if an illegal marries an legal citizen? or marries just to become legal? What if the “illegal” is a student? admitted for medical purposes? What about diplomats? scientists at conferences? There are an infinite number of permutations to define “alien” and “illegal.”

May I make a few suggestions for clarification to HR 994


  1. The provisions of Article I shall apply also to subjects who are of mixed Jewish blood.
  2. An individual of mixed Jewish blood is one who is descended from one or two grandparents who, racially, were full Jews, insofar that he is not a Jew according to Section 2 of Article 5. Full-blooded Jewish grandparents are those who belonged to the Jewish religious community.


  1. A Jew is an individual who is descended from at least three grandparents who were, racially, full Jews…
  2. A Jew is also an individual who is descended from two full-Jewish grandparents if:
  • (a) he was a member of the Jewish religious community when this law was issued, or joined the community later;
  • (b) when the law was issued, he was married to a person who was a Jew, or was subsequently married to a Jew;
  • c) he is the issue from a marriage with a Jew, in the sense of Section I, which was contracted after the coming into effect of the Law for the Protection of German Blood and Honor of September 15, 1935;
  • (d) he is the issue of an extramarital relationship with a Jew, in the sense of Section I, and was born out of wedlock after July 31, 1936.

The Nuremberg Race Laws began the official ostracism of Jews in Germany. These statutes made it perfectly legal to persecute an entire group of people. Hitler justified these laws by stating that the “legal regulation of the problem” of Jews in Germany was the only way to stop the “defensive actions of the enraged population”.

Is this sounding awfully familiar – the defensive actions of an enraged population?

The Nuremberg Race Laws were comprised of two separate laws: The Law for the Protection of German Blood and German Honor and The Reich Citizenship Law.

The Nazis, ever efficient, went as far as to define “full Jew” and “half Jews” or Mischling. An individual with three or more Jewish grandparents was classified as a full Jew. An individual with two Jewish grandparents was considered a Mischling of the first degree, or half Jew. Mischlinge of the first degree were broken down into two sub-groups:

1) Individuals who were married to a Jew or had been members in the Jewish community were referred to as Geltungsjuden. These people were treated as full Jews and subject to the same persecution and restrictive laws. They could only marry other Jews or other Geltungsjuden.

2) Individuals with two Jewish grandparents who were baptized into the Protestant or Catholic tradition were known simply as Mischlinge. Under the original Nuremberg Laws, Mischlinge were able to keep their citizenship; however, eventually their rights were taken away and they were treated like the Geltungsjuden. Someone with one Jewish grandparent was considered a Mischling of the second degree, or quarter Jew.

Call me over-reacting. I would bet the German people were cheering in 1935 when these laws were enacted. I would bet they were not cheering in 1945.

This chart – well the Germans went as far as to illustrate the definition of a Jew. Don’t put it past McConnell or Kyl to hire a bunch of graphic designers to visually represent their hatred and bigotry to their base, the teabaggers and Sarah Palin.



  1. If this issue is ever debated in Congress I hope this graph is used. Powerful stuff DCap. Why can't our side think as well. Oh that's right it wouldn't be nice.Thanks!

  2. And all the Republicans were gleeful as they banished those who were not pure. Very well done Cappy. I think way over the heads of the right though.

  3. Hi Cap;This is getting ridiculous.There are two different kinds of US citizen now. Natural born US citizens and naturalized US citizens.One is superior to the other citizen as a born citizen is the only kind who can get in the oval office.Now you have a third class of US citizen, the ones born there but whose parents weren't immigrants or citizens.Then you have the illegal alien. :)It is only a matter of time before they come up with a profile such as the Nazis instituted for national security purposes.If you are against these proposals you will be a traitor.

  4. This should be required reading for… well, just about everyone! Well done sir.

  5. and i bet they'd love to put joe arpaio in charge of deciding who fits under their definition of citizen and who doesn't. i'm sure those neo-nazi buddies of him would be happy to help.

  6. I'm telling Godwin!And everyone knows the reason the Republicans pushed the 14th amendment is because time-traveling Democrats forced them to at machine gunpoint. Duh.

  7. If they want to change anything about the 14th amendment, why don't they change it to state explicitly that corporations are NOT people and do not have the same rights as people. That I could go for. Right on Dcap and kudos to you for pointing out those nutbags and their racial hatred. They are shameless.

  8. A chilling reminder of what can happen when nutty racists get in charge – or think they're in charge.

  9. nothing quite like hearing senators from Traitor States talk about repealing the 14th about repealing the part of the Constitution that gives citizenship to Fucking Rednecks?

  10. I hadn't even heard about this shit. Your comparison is perfect, DCap.

  11. The Fabulous Miss Lindsey Graham is pushing for repeal because she's up for reelection and she sees the immigration issue as having the tread needed to help her with her constituents.But the amendment process is a lengthy, drawn out one requiring two-thirds vote in both chambers of Congress, and ratification by three-fourths of the states.That’s a whopping 38 states.It ain't going to happen and the radical, rightwingers, will be left looking like the morons everyone know them to be.

  12. I wish I could say you are being paranoid, but I can't.

  13. Hey, brown people are the new gays/Jews of 2010. A Long Island Republican even said so:King, the Long Island congressman, said that in terms of social issues, the raging controversy over the Arizona border laws is providing more than enough ammunition for Republicans in key districts.“The Arizona immigration law is there, there’s no reason to be raising an issue of gay rights” as a wedge, he said.PoliticoOf course, it isn't about brown people, Jews or gays at all, it's about taking George Orwell's warnings in "1984" as advice. This is just the two minutes hate du jour.

  14. Yup! It's just around the corner. You'll see it as a campaign issue sooner rather than later.

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