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To: brothers4thID
The 14th Amendment guarantees the rights of citizens to anyone born or naturalized in this country.

You left out a clause. They not only need to be born here but they also need to be "subject to the jurisdiction of". Now we have repeatedly argued in this forum about what that particular clause means so I am not going to engage in that discussion again but the bottom line is that it will mean whatever the Congress and the Courts decide it means. The Constitution gives solely to Congress the power to establish our immigration policy. The Constitution also gives to Congress the power to limit the jurisdiction of the Courts including the Supreme Court. It seems to me that if Congress has enough desire, they can limit birthright citizenship with action that falls short of a Constitutional Amendment.

20 posted on 11/04/2005 6:11:29 AM PST by jackbenimble (Import the third world, become the third world)
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To: jackbenimble
The Constitution also gives to Congress the power to limit the jurisdiction of the Courts including the Supreme Court. It seems to me that if Congress has enough desire, they can limit birthright citizenship with action that falls short of a Constitutional Amendment.

All of the above is correct. However, for the Congress to deliberately pass a law the is clearly not Constitutional, then to remove jurisdiction from SCOTUS to review cases involving that law would be grounds for impeachment for every Congressional member who voted to do it.
27 posted on 11/04/2005 6:18:33 AM PST by GrandEagle
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To: jackbenimble
Jurisdiction

jurisdiction n the power, right, or authority to interpret and apply the law : the limits or territory within which authority may be exercised

Illegal parents, I would expect, can be shown to not be "subject to the jurisdiction thereof". Children are subject to their parents; would this also place them outside of the "jurisdiction thereof"?

58 posted on 11/04/2005 6:37:19 AM PST by TXnMA (TROP: Satan's most successful earthly venture...)
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To: jackbenimble
It seems to me that if Congress has enough desire, they can limit birthright citizenship with action that falls short of a Constitutional Amendment.

It seems to me that you are right, so why has congress failed to exercize its authority?

I have felt for a long time now that congress's true will is carried out by the courts. They let the courts do what they know their constituents would not approve of. The why of it is what alludes me.

137 posted on 11/04/2005 8:28:00 AM PST by itsahoot (Any country that does not control its borders, is not a country. Ronald Reagan)
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