If SB 1309 were to actually become law, it would deny citizenship to American born children. But by passing it, Arizona legislators are defying the 14th Amendment, which clearly states that "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."
The 14th Amendment was added in 1868 and was intended to unify Americans and eliminate tiered citizenship after the Civil War. So the Arizona Senate, with its upcoming vote, will effectively be answering two questions:
First, is defying the Constitution of the United States a more reprehensible crime than defying an artificial, arbitrary borderline in the desert?
And second, was the United States a more perfect union in 1868 or 2011?