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Is There A "Right To Gain Citizenship"?
Hardhatters ^ | 12/16/2013 | Hal Hawkins

Posted on 12/17/2013 9:13:46 AM PST by thetallguy24

In a live Skype event on Friday, Vice President Joe Biden emphasized that illegal immigrants or illegal aliens or undocumented immigrants (or whatever you want to call them) should “have an opportunity to earn the right to gain their citizenship.” The word “right” is a rather serious word to use, at least from a legal argument. It essentially means you are owed something, and the government can take it away legally. This begs the question: Is everyone owed the right to gain American citizenship?

Originally, our rights were considered to have originated from nature or God. As Thomas Jefferson stated, “…a free people claiming their rights, as derived from the laws of nature, and not as the gift of their chief magistrate.” These natural rights were considered life, liberty, and the pursuit of property as described in the U.S. Constitution. Unfortunately, it seems in recent years the use of the word “right” has become rather diluted. In one example, the European Union in 2010 declared a vacation or traveling for tourism a basic human right. While this newest right may sound silly, it is a real world occurrence and seems to fit Jefferson’s definition of a “gift” from the leaders of Europe rather than a true right inalienable to all mankind.

Contemporary interpretations of the U.S. Constitution do consider citizenship a right to “all persons born or naturalized in the United States” through the 14th Amendment. The “born” part is based off two principles, the Law of Soil (Jus soli) and the Law of Blood (Jus sanguini). The Law of Soil gives you natural-born citizenship if you were born on U.S. soil, while the Law of Blood gives it to you if you were born from one or more parents of U.S. citizenry. The naturalization process of acquiring citizenship is defined by the laws of the Federal government. Currently, the process means declaring your intention to be a citizenship, living as a legal resident in the U.S. for five years (in some cases three), applying for citizenship, interviewing and taking an exam, and then, upon passing the exam and interview, taking the oath of allegiance to the United States. Either by birth or by completing the naturalization process, you are considered by our Constitution to have the right to citizenship.

However, the “right to gain” citizenship is not included in our Constitution, meaning one does not have the right to be born in the United States nor has the right to be included in the naturalization process. However, there is a growing movement that is pushing for a universal right to gain citizenship. In 1948, the United Nations with the help of Eleanor Roosevelt adopted the “Universal Declaration of Human Rights” and declared in Article 15 that “everyone has the right to a nationality” and no one can be “denied the right to change his nationality.” Many in the Obama Administration, like Biden, have adopted this belief. Eric Holder, our Constitution’s legal defender (questionably), declared that "creating a pathway to earned citizenship for the 11 million unauthorized immigrants in this country is absolutely essential. This is a matter of civil and human rights."

Additionally, many in Hispanic leaders have called this a right. University of Houston-Downtown President, William V. Flores, wrote that Latinos have a right to “cultural citizenship” which includes the right stay different culturally while simultaneously “attaining membership in society” and acquiring the right to vote even for the undocumented.

There are several problems with the universal right to gain citizenship. One, it is impossible for everyone to be born on U.S. soil. Two, there are those who are dangerous to society and should be excluded from the citizenship process for the protection of the general public, like murderers, thieves, drug smugglers and the like. The United Nations forgot to exclude that group in its declaration. Finally, a country has an economic duty to ensure that disease, over-population, increased governmental costs, increased language barriers, and reduced job supply are not created by uninhibited entry and citizenship acquirement.

It is also impractical. If the right to gain citizenship is declared for the illegal aliens in our land, then it must be provided to the entire world. Rights, by definition, are universal and cannot be exclusive to one group, otherwise we would be practicing that most evil of deeds, DISCRIMINATION. It is impossible for the United States, or any other country for that matter, to provide the entire world’s population with the right to gain citizenship. The U.S. can’t even afford to pay for its own citizenry.

When these groups are demanding the right to gain citizenship, they are not asking for a true right, they are asking for an exclusive privilege or, as Jefferson put it, a “gift of [the] chief magistrate.” In response, tell them it’s not a right. It’s a gift, and, in the spirit of the Christmas season, Santa Claus isn’t coming to town.


TOPICS: Business/Economy; Government; Politics; Society
KEYWORDS: aliens; amnesty; border; citizenship; immigration
What this author really should have said was that a world without borders is the product of socialism. They claim borders were created by the elite, so now they want you to be able to go anywhere and be any nationality you want. This disrupts solidarity, decreases patriotism and allows for greater movement of the impoverished to leech off of welfare states, thus allowing cultures and governments to become even more corrupt and broken.

http://socialistworker.org/2006-1/586/586_08_Borders.shtml

1 posted on 12/17/2013 9:13:46 AM PST by thetallguy24
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To: thetallguy24

A world without borders means, instead of 200 elites, one mega-elite. And nowhere to run to. No barriers to their reach.


2 posted on 12/17/2013 9:17:11 AM PST by marron
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To: thetallguy24

The rights to own a gun and even to publish written works may be subject to restrictiong in this country after legal infractions.

Falsified identity, fraudulent voting, illegal entry into this country, etc. are serious offenses.


3 posted on 12/17/2013 9:21:06 AM PST by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: thetallguy24

“All property is theft” is the mantra of the hard left.


4 posted on 12/17/2013 9:21:46 AM PST by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: thetallguy24

In a democratic republic, we agree to share our sovereignty with our neighbors. But we don’t give this power over ourselves to just anyone; that is where the rules of citizenship come in. We agree to share power with those who are committed to us, and have shown that they share our values and wish to share our fate.

At least, that’s the way its supposed to work.

How it is working is the very opposite. Our “elites” are importing a new citizenry, one that they imagine will be more easily managed. Persuading us takes too much energy so they’ll just replace us.


5 posted on 12/17/2013 9:22:15 AM PST by marron
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To: thetallguy24

There’s no “right to drive a car.” That’s a “privilege.”


6 posted on 12/17/2013 9:23:00 AM PST by Steely Tom (If the Constitution can be a living document, I guess a corporation can be a person.)
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To: thetallguy24

Joe Biden obviously believes my rights come from government. I prefer to agree with the founders that my rights come from God.


7 posted on 12/17/2013 9:23:52 AM PST by csmusaret (Will remove Obama-Biden bumperstickers for $10)
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To: thetallguy24

According to Biden we don’t need Borders at all. Might as well fire the Immigration and naturalization service, everyone is a citizen as soon as they cross the Border errrr-— line-— we have no borders.

Biden would eat dog doo if Obama told him to, That is one stupid man.


8 posted on 12/17/2013 9:29:06 AM PST by Venturer (Half Staff the Flag of the US for Terrorists.)
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To: thetallguy24

Uh, trespassers?


9 posted on 12/17/2013 9:30:27 AM PST by rktman (Under my plan(scheme), the price of EVERYTHING will necessarily skyrocket! Period.)
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To: thetallguy24

Same as the ‘right’ to pay taxes . .


10 posted on 12/17/2013 9:40:00 AM PST by ßuddaßudd (>> F U B O << "What the hell kind of country is this if I can only hate a man if he's white?")
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To: ßuddaßudd

Right to “voluntarily” pay taxes :-P


11 posted on 12/17/2013 9:43:13 AM PST by thetallguy24
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To: thetallguy24

This is all just BS to legitimize invasion and takeover.

It’s a Mexican gangster scam - insist that laughable nonsense is a real argument, and run with it - see if the rubes buy off on it.

If you could run a game on someone to get them to give you their house and their car, and you didn’t have any moral opposition to it, why not?

In their “culture”, if you do that, then you win and they lose, and you’re the Bigger Man for it.

Talking about socialism, the UN, abstract concepts underlying laws etc are all sideshows. Hispanic culture is based on theft by force. Why do you think Mexico and South America are all failed states?

That’s all this is. The caudillo thugs are working day and night thinking of new ways to try to pull the gringo’s money, land and power away from him.

A generation ago they would have put them all on a fast train back south of the border. But the Baby Boomers, brought up on “civil rights” and taught to shrink in fear of anyone with non-white skin, present no barrier to the ruthless and relentless Mafias of Mexico.

So they smell weakness for the first time in 5 centuries.

That’s all that’s happening folks. The thugs want to take over, and weaklings will let them.

Citizenship a “right”? See if the Mexican government buys that.


12 posted on 12/17/2013 9:45:08 AM PST by Regulator
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To: thetallguy24

Libertarians have similar beliefs.


13 posted on 12/17/2013 9:47:57 AM PST by kabar
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To: kabar

Yeah many of them believe in open borders because of a so-called right to transport yourself or travel.

Although they won’t tell me if this right applies to quadriplegics


14 posted on 12/17/2013 9:52:12 AM PST by thetallguy24
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To: thetallguy24

Bump


15 posted on 12/17/2013 9:58:15 AM PST by Conspiracy Guy (Did the ancients know they were ancients? Or did they see themselves as presents?)
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To: thetallguy24
From the approved 2012 Libertarian platform.

3.4 Free Trade and Migration

We support the removal of governmental impediments to free trade. Political freedom and escape from tyranny demand that individuals not be unreasonably constrained by government in the crossing of political boundaries. Economic freedom demands the unrestricted movement of human as well as financial capital across national borders. However, we support control over the entry into our country of foreign nationals who pose a credible threat to security, health or property.

16 posted on 12/17/2013 9:59:40 AM PST by kabar
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To: marron
"A world without borders means, instead of 200 elites, one mega-elite. And nowhere to run to."

Mars One

Well, perhaps not even that would be far enough.

17 posted on 12/17/2013 10:13:01 AM PST by rightwingcrazy
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To: thetallguy24

A foreigner’s “right to gain citizenship” DOES NOT TRUMP the laws of my land!!! Besides, who is defending their “right to gain citizenship”. A bunch of America-hating, commie lib “judges” and activists? ROTFL! Their time will come.


18 posted on 12/17/2013 10:34:08 AM PST by FlingWingFlyer (Merry Christmas to all my fellow Americans. "Whatever" to everybody else!)
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To: FlingWingFlyer
who is defending their “right to gain citizenship”

It's facially absurd.

If a foreign army invades, do they have a "right to gain citizenship"?

If 100 million people from China show up on our shores tomorrow morning, bringing their PLA AKS rifles with them (it's a right, you know), are we required to honor their "right" to citizenship?

The whole thing is nonsense, and denies that there is any such thing as nationhood.

19 posted on 12/17/2013 2:49:58 PM PST by Regulator
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