Wong Kim Ark, the man who challenged 19th century nativism and won
One thing I’ll never get used to is the idea that Donald Trump is trying to impose a fascist state as if the USA was some kind of virginal republic being raped by a barbarian culture of white supremacy imported from abroad. In fact, there is plenty of evidence that Adolf Hitler plagiarized many of his sickest policies from American presidents.
Rudolf Hess once said that “National Socialism is nothing but applied biology.” Reading this, you might think that Donald Trump is smuggling in fascist ideology into our decent, liberty-loving democracy. In reality, it is just the other way around. As should be clear from a close examination of early 20th century history, the Nazis imitated the powerful eugenics movement in the USA, especially the writings of Harry Laughlin, the Superintendent of the Eugenics Record Office from its start in 1910 until its closing in 1939. He pushed for enforced sterilization programs that would weed out those with inferior genes. The ERO was financed by the wife of railroad magnate E.H. Harriman and by John Henry Kellogg, the cornflake inventor. Later on, it received funding from the Carnegie Institution. Harriman, Kellogg, and Carnegie—bastions of our corporate democracy.
The Nazis passed the Law for the Prevention of Hereditarily Diseased Offspring in 1933 according to Laughlin’s strictures. Up to 350,000 persons were sterilized. So indebted to Laughlin were the Nazis that the University of Heidelberg awarded him an honorary degree in 1936 for his work behalf of the “science of racial cleansing.”
Perhaps because of the openly racist character of the Trump administration, there has been a growing number of articles calling attention to how American democracy paved the way for genocide. Eugenics, a widely accepted practice in the USA, would evolve into genocide as Hitler became more and more rabid in his racial enmity.
In The New Yorker magazine, there’s an article titled “How American Racism Influenced Hitler” that addresses these questions. Author Alex Ross makes many canny observations such as this:
American eugenicists made no secret of their racist objectives, and their views were prevalent enough that F. Scott Fitzgerald featured them in “The Great Gatsby.” (The cloddish Tom Buchanan, having evidently read Lothrop Stoddard’s 1920 tract “The Rising Tide of Color Against White World-Supremacy,” says, “The idea is if we don’t look out the white race will be—will be utterly submerged.”) California’s sterilization program directly inspired the Nazi sterilization law of 1934. There are also sinister, if mostly coincidental, similarities between American and German technologies of death. In 1924, the first execution by gas chamber took place, in Nevada. In a history of the American gas chamber, Scott Christianson states that the fumigating agent Zyklon-B, which was licensed to American Cyanamid by the German company I. G. Farben, was considered as a lethal agent but found to be impractical. Zyklon-B was, however, used to disinfect immigrants as they crossed the border at El Paso—a practice that did not go unnoticed by Gerhard Peters, the chemist who supplied a modified version of Zyklon-B to Auschwitz. Later, American gas chambers were outfitted with a chute down which poison pellets were dropped. Earl Liston, the inventor of the device, explained, “Pulling a lever to kill a man is hard work. Pouring acid down a tube is easier on the nerves, more like watering flowers.” Much the same method was introduced at Auschwitz, to relieve stress on S.S. guards.
Karl May was a German novelist who wrote popular works set in the American Southwest that glorified the cowboy culture. Although the novels were universally beloved, even by Albert Einstein, they helped Hitler and other leading Nazis extrapolate policies that paralled the genocidal attacks on native peoples by Kit Carson, et al. In an article titled “The Cowboy Novels That Inspired Hitler”, Alan Gilbert writes:
As Fuehrer, Hitler kept the whole collection of May’s works in his bedroom, and they inspired his ideas about the frontier. To Hitler, Lebensraum meant settlement and bread: “For a man of the soil, the finest country is the one that yields the finest crops. In twenty years’ time, European emigration will no longer be directed towards America, but eastwards.”
Of Ukrainians, Hitler insisted, “There’s only one duty: to Germanize this country by the immigration of Germans, and to look upon the natives as Redskins.”
Astonishingly, Hitler’s idea of settling the eastern European frontier even came decked out in the clichés of Western conquest: “We’ll supply the Ukranians with scarves, glass beads, and everything that colonial peoples like.”
To paraphrase H. Rap Brown, fascism is as American as apple pie.
This brings me to Trump’s latest outrage, the denial of Fourteenth Amendment rights to the children of undocumented immigrants born here. The Fourteenth Amendment stipulates: “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 amendment was passed in 1868 to put teeth into Reconstruction. Freed slaves could not be denied the rights given to other Americans.
For rightwing legal “scholars”, this amendment is a thorn in the side. It supposedly empowers “anchor babies”, a pejorative term used even by Chris Cuomo on CNN to describe pregnant women from deliberately coming to the USA to have a baby that will automatically gain citizenship. However, the rules surrounding this practice are so onerous that it is doubtful that it will allow anybody except the child to enjoy citizenship.
Citizen children cannot sponsor parents for entry until they are 21 years of age, and if the parent had ever been in the country without documents, they would have to show they had left and not returned for at least ten years. Most children born here to undocumented immigrants were born the same way other children were born. Their parents decided to raise a family, a natural human need.
To understand the universal applicability of the Fourteenth Amendment, it is necessary to see its emergence during a period of deep revolutionary momentum. Even though the Civil War was a “bourgeois revolution”, many of the people on the front lines ideologically as well as militarily saw their efforts as one of creating a more just country and a more just world. Radical Republicans faced down their adversaries as this Huffington Post article titled “Trump’s Anti-Citizenship Plan Is a Historic Loser” would indicate:
For example, early in the 1866 debates, an opponent of birthright citizenship — Senator Edgar Cowan, often cited by modern opponents of birthright citizenship — objected to the citizenship provision by asking whether “it will not have the effect of naturalizing the children of the Chinese and Gypsies born in this country.” Senator Lyman Trumbull, a key proponent of the citizenship clause, replied that it would, “undoubtedly,” and made clear in the face of Cowan’s xenophobic remarks that the child of such immigrants “is just as much a citizen as the child of a European.”
As the Republican Party abandoned Reconstruction, the rights of both Black Americans and immigrants eroded. For the Chinese, their rights were abrogated under a clearly unconstitutional law, the Chinese Exclusion Act of 1882 that banned Chinese women from immigrating to the USA and that excluded all Chinese people living in the USA from citizenship.
Notwithstanding the generally reactionary climate, worse in many ways than today, a landmark decision was made in 1898 that should serve as a firewall against Trump’s nativist agenda. Wong Kim Ark, who was born in San Francisco in 1873, left the USA for a visit to China but was banned re-entry at the time under provisions of the Chinese Exclusion Act. When the case was argued by the Supreme Court, the majority decided that the Fourteenth Amendment granted U.S. citizenship to at least some children born of foreigners because they were born on American soil (a concept known as jus soli). In other words, the Supreme Court made a decision that upheld the universality of the Fourteenth Amendment even during a period of deep reaction.
On July 18th, Michael Anton, a former Trump administration official, wrote an op-ed piece for the Washington Post that once again tried to undermine the power of the 14th Amendment and the Wong Kim Ark case that should have settled the matter permanently:
Some will argue that the Supreme Court has already settled this issue, establishing birthright citizenship in United States v. Wong Kim Ark. But this is wrong. The court has ruled only that children of legal residents are citizens. That doesn’t change the status of children born to people living here illegally.
In an interview with the NY Times, Martha S. Jones, a professor of history at Johns Hopkins University and the author a new book “Birthright Citizens: A History of Race and Rights in Antebellum America”, offered her thoughts on Anton:
The argument focuses on a clause in the 14th Amendment that excludes from birthright citizenship persons not subject to “the jurisdiction of the United States.” Historically, that was intended to exclude the children of diplomats and other foreign dignitaries, and Native people, who were subject to their own sovereign nations. Anton is trying to say that children of undocumented immigrants are different from that of Wong Kim Ark, whose parents were authorized.
There is an unspoken, but I think plainly visible, racialized dimension to this argument, which I see as having developed in response to the predominance, in the 21st century, of Latino immigrants. It runs disturbingly counter to what the 14th amendment gave us, which was a route to citizenship that could not be denied by virtue of race, by virtue of descent, religion, political party, health, wealth.
To really come to terms with Donald Trump, the best way to approach him is as a throwback to the deeply regressive conditions of the post-Reconstruction period when the American Empire was taking shape, when American Indians were being herded into reservations when they were not being outright slaughtered, when the KKK was lynching Black people who dared to exercise their rights as American citizens and when Robber Barons held sway.
At the time, there were fitful efforts to challenge the duopoly that ruled Washington in the interests of big business. The Populist Party sprang from the grass roots of the agrarian resistance to big banks, monopolies and railroad extortionary fees. When it became co-opted by the Democratic Party, the Socialist Party jumped into the breach. History would judge these electoral struggles as exercises in futility but they remain as key to the survival of American civilization as they have ever been. With the November 6th election rapidly approaching, I would urge my readers to vote for Howie Hawkins and other Green candidates who embody the radical core of earlier third parties. As Debs said, it is better to vote for what you want and not get it than to vote for what you don’t want and get it.