Republican pols posture with amendments, then do nothing

Last Friday, Sen. Lindsey Graham (R-S.C.) let the cat out of the bag: his sudden crusade to reform birthright citizenship is directly related to his need for political cover on amnesty for illegal immigrants.

"Yeah, I think it's fair to say that I need to go home to South Carolina and say: listen, I know we're all upset that we have 12-14 million people illegally, " Graham told National Review's Daniel Foster. "I'm going to have to be practical. We're not going to deport or jail 12-14 million people." Graham's practical solution is the same old "comprehensive immigration reform," the logic of which is that it would not be amnesty for grand theft auto if the perpetrator got to keep the car in exchange for paying a fine and promising to read the owner's manual.

Of course, Graham already gave away the game when he entertained a constitutional amendment to clarify what the 14th Amendment says about birthright citizenship. The New Republic's Jonathan Chait recently snickered at the number of conservative constitutional amendments floating around that have been endorsed by "mainstream Republicans," but the joke is really on conservatives: a no-hope constitutional amendment is the usual way a GOP politician pays lip service to some conservative concern he plans to do nothing about.

A classic example is the antiabortion human life amendment. At its peak in 1984, it got 49 votes in a Republican-controlled Senate with a sympathetic, articulate pro-lifer in the White House -- 18 votes short of passage, two shy of a simple majority. Fast forward more than twenty years to the federal marriage amendment. With a 10-seat Republican majority in the Senate and a sympathetic if inarticulate president, the gay marriage amendment failed 49 to 48.

What do conservatives have to show for the Republicans' election-year promises to support the human life amendment and the federal marriage amendment? Absolutely nothing, unless you count 37 years of Roe v. Wade and a Supreme Court that is within Anthony Kennedy's vote of issuing a similarly sweeping decision redefining marriage.