Tag: Anchor babies

So, What Did The Author Of The 14th Amendment’s Citizenship Clause Have To Say About Birthright Citizenship?


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AMENDMENT XIV

SECTION 1.
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.

SECTION 2.
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

SECTION 3.
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.

SECTION 4.
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

SECTION 5.
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

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“Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.” – Senator Jacob M. Howard, author of the Section 1. citizenship clause

I think that pretty much settles the anchor babies issue right there.

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*AUDIO* Ann Coulter: The 14th Amendment Is NOT About Illegal Alien Anchor Babies


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Click HERE to purchase Ms. Coulter’s new book Adios, America

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Related audio:

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Click HERE to purchase Mr. Levin’s new book Plunder And Deceit

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Related article:

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Not Hard To Read 14th Amendment As Not Requiring Birthright Citizenship, And Nothing Odd About Supporting Such A Reading – Andrew C. McCarthy

Roger, with due respect,

1. It does not seem hard at all to read the text of the Constitution as not requiring birthright citizenship unless one is construing the word “jurisdiction” to mean something plainly different from what the term meant when the Fourteenth Amendment was adopted.

As the Lino Graglia law review article Rich excerpted demonstrates, the term meant being subject to jurisdiction in the sense of the complete allegiance inherent in citizenship, not in the sense of merely being subject to American laws. Regarding the latter, every person present in the United States – citizen or not, legally present or not – is subject to the jurisdiction of the United States in the narrow sense of being expected to follow our laws. (Even diplomats, though they have an immunity defense against prosecution for criminal law violations, are expected to follow our laws and subject to expulsion for failing to do so.)

Yet, every person present in the United States is not presumed to have fealty to the United States, which is what “jurisdiction” means in the Fourteenth Amendment. And it is clearly not the case that every person born in the United States is automatically a citizen pursuant to the Fourteenth Amendment: U.S.-born children of foreign diplomats are not; nor are the U.S.-born children of American Indians (they were granted citizenship by an act of Congress in 1924). Given that it is not true that every person born in the United States is an American citizen under the Constitution, how difficult can it be to read the Constitution to not require something it does not require?

2. I don’t know that it’s necessary to “make war” on birthright citizenship, but there is nothing odd about opposition to it. In fact, the United States is one of the few countries in the world that confers citizenship on illegal aliens based on nothing other than the happenstance of their birth within national borders. I am not suggesting that the laws of other countries shed light on the meaning of the Fourteenth Amendment; just that birthright citizenship is rightly seen as bad policy in most of the world. (Somehow, I suspect that the Supreme Court’s progressives, who believe in consulting foreign law when “interpreting” the U.S. Constitution, would resist that impulse when it comes to birthright citizenship.)

There are many people who believe in robust legal immigration and are open to the notion of some qualified amnesty for some categories of illegal aliens but who nevertheless think it is a terrible idea to grant citizenship automatically to the U.S.-born children of illegal aliens – a policy that can only encourage more illegal immigration. I am not a fan of “comprehensive immigration reform”; but if reform is to be comprehensive, and we are trying to discourage illegal immigration, why would we not address every policy that incentivizes illegal immigration?

If denying birthright citizenship seems like an offensive proposition to some, it can only be because we’ve lost our sense of what citizenship should be – the concept of national allegiance inherent in it. If a couple who are nationals of Egypt enter our country and have a baby while they are here, why is it sensible to presume that child’s allegiance is to the United States rather than Egypt? If the baby of an American couple happened to be born while they were touring Egypt, would we not presume that the child’s allegiance was to the United States?

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Bill Press, a classic example of why Liberal talk radio sucks!

Bill Press is an intellectual wasteland, and a royal jerk in general. He has always been a nasty man, personally attacking anyone who disagrees with him. Here he mocks Jeff Sessions “Southerness”, because Sessions has legitimate concerns over a anchor babies which is a very real problem. By the way Bill, your fake accent is terrible, and your humor lacking, well, humor! 

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