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To: Tublecane
The 14th amendment disagrees with him.

No, the modern liberal interpretation of the 14th amendment disagrees with him. 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.

It's the phrase "and subject to the jurisdiction thereof" meaning if a person is subject not to the jurisdiction of the the US but of another country, then they are not citizens.

There are two qualifications for someone to be deemed a citizen at birth, not just because they were born on American soil.

32 posted on 04/28/2010 2:04:53 PM PDT by TheThinker (Communists: taking over the world one kooky doomsday scenerio at a time.)
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To: TheThinker; Tublecane
Whatever your thoughts on "original intent" maybe, they nevertheless must take into account decades of judicial precedent which state that the 14th covers the citizenship of those born on US soil, even to illegal residents. It would take a reversal at the Supreme Court level to change this. In other words, there ain't mierda we can do legislatively to end birthright citizenship for illegals.

One of the problems of having a Common Law system is that the judiciary has alot more clout in terms of legal interpretation than is the case in a Civil Law system. This is why you have so many people bitching about "unelected, all-powerful judges" all the time. This is an issue in all countries in the Anglosphere, where the Common Law gives disproportionate power to judicial interpretation.

38 posted on 04/28/2010 2:10:44 PM PDT by Clemenza (Remember our Korean War Veterans)
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To: TheThinker

“No, the modern liberal interpretation of the 14th amendment disagrees with him”

And the modern conservative one (or at least the majority one), too. Unless you wanna believe conservatives also have a “liberal interpretation.” Which is fine. Just so you know.


47 posted on 04/28/2010 2:24:47 PM PDT by Tublecane
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To: TheThinker

“It’s the phrase ‘and subject to the jurisdiction thereof’ meaning if a person is subject not to the jurisdiction of the the US but of another country, then they are not citizens.”

Um, who says illegals are “subject to the jurisdition” of another country when they are here? Why would they be? Because they’re citizens of another country? Well, so are dual citizens, and it’s perfectly fine to be a dual citizen according to the U.S. government. Actually, when you get down to it, it’s not that they’re fine with it, exactly. They just don’t care. They don’t recognize it. You’re a citizen whether or not you’re also a citizen of another country.


48 posted on 04/28/2010 2:28:36 PM PDT by Tublecane
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