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Why the 14th Amendment does not confer citizenship on the children of illegal aliens
House Subcommittee on Immigration and Claims ^ | June 25, 1997 | Prof. Edward J. Erler

Posted on 08/13/2010 3:37:36 PM PDT by La Lydia

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To: La Lydia

When it comes to tribalism, all religions are tribes calling for members to follow party lines.

In that sense, using a “tribal” exemption argument is ridiculous.


21 posted on 08/13/2010 4:10:42 PM PDT by OldNavyVet (One trillion days, at 365 days per year, is 2,739,726,027 years ... almost 3 billion years)
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To: Reaganwuzthebest
I kid you not... fed barnes was just on the Fox AllStars and said proudly... “I am for comprehensive immigration reform... AMNESTY”.

LLS

22 posted on 08/13/2010 4:19:54 PM PDT by LibLieSlayer (WOLVERINES!)
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To: RobbyS; Sister_T

I think I’m aware of the time frame when this was decided. They forced Texas to educate Mexicans here illegally. Before the 1970s, children of illegals were not allowed to register in the TX schools. This surprised me because they did attend school in CA, where I am from. In fact, I’m aware of an Australian couple who got crosswise with immigration (long story) who were advised to put their sons in private school while they fought their battle with immigration so that the immigration judges could not say that they were taking taxpayer funded education services illegally. They enrolled the kids in boarding school in PA — cost a fortune.


23 posted on 08/13/2010 4:22:28 PM PDT by afraidfortherepublic (Southeast Wisconsin)
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To: La Lydia

Weather or not the 14th amendment rewards citizenship to the children if illegal aliens. The 14th amendment HAS been used to legalizes the abortion of 40 million babes. Just as the 14th amendment HAS been used to rob us of our right to the definition of Marriage.

Indeed the 14th amendment has already been used to to rob us of countless other rights ranging from “Affirmative action” to incorporation.

The 14th Amendment needs to be repealed, and if it can’t be repealed politically we should look into dissolving the union. No free people should tolerate this abusive(as it has been used) amendment.

This is why I propose the simple Constitutional amendment:

{
Section 1:
The Fourteenth article of amendment to the Constitution of the United States is hereby repealed.
Section 2:
No Government in the United States shall in anyway discriminate on the account of race.
}


Indeed the 14th Amendment should never have been accepted as having been radiated in the first place given 11 of the ratifying states did so only under the gun with the explicit understanding that they would not be free unless they did sign away their rights with this amendment to the tyrannical federal government.


24 posted on 08/13/2010 4:27:35 PM PDT by Monorprise
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To: Sister_T
Tight on Sister T!

Ann Coulter: JUSTICE BRENNAN'S FOOTNOTE GAVE US ANCHOR BABIES (Not The Constitution)

Wednesday, August 04, 2010 3:23:17 PM · by Syncro · 55 replies
AnnCoulter.Com ^ | August 4, 2010 | Ann Coulter
JUSTICE BRENNAN'S FOOTNOTE GAVE US ANCHOR BABIESAugust 4, 2010

Democrats act as if the right to run across the border when you're 8 1/2 months pregnant, give birth in a U.S. hospital and then immediately start collecting welfare was exactly what our forebears had in mind, a sacred constitutional right, as old as the 14th Amendment itself. The louder liberals talk about some ancient constitutional right, the surer you should be that it was invented in the last few decades.

The money quote---unconstitutional and directly from the Supreme Court (in bold below):

The very author of the citizenship clause, Sen. Jacob Howard of Michigan, expressly said: "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."

In the 1884 case Elk v. Wilkins, the Supreme Court ruled that the 14th Amendment did not even confer citizenship on Indians -- because they were subject to tribal jurisdiction, not U.S. jurisdiction.

For a hundred years, that was how it stood, with only one case adding the caveat that children born to legal permanent residents of the U.S., gainfully employed, and who were not employed by a foreign government would also be deemed citizens under the 14th Amendment. (United States v. Wong Kim Ark, 1898.)

And then, out of the blue in 1982, Justice Brennan slipped a footnote into his 5-4 opinion in Plyler v. Doe, asserting that "no plausible distinction with respect to Fourteenth Amendment 'jurisdiction' can be drawn between resident aliens whose entry into the United States was lawful, and resident aliens whose entry was unlawful."

25 posted on 08/13/2010 4:28:31 PM PDT by Syncro (November is hunting season. No bag limit-Ted Nugent)
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To: La Lydia

There are a handful of RINOs hiding behind the 14th to dodge the immigration issue. I heard McCain utter this nonsense today.


26 posted on 08/13/2010 4:31:55 PM PDT by pallis
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To: Sister_T
According to Ann Coulter, we have this abomination MISinterpretation of the 14th Amendment, thanks to a FOOTNOTE from Justice Brennan. So, history and the words from those who wrote the dang language of the 14th Amendment got tossed out, all because ONE liberal activist in a black robe decided to say otherwise. Ridiculous!

Same thing happened on the Separation of Church and State issue.

27 posted on 08/13/2010 4:37:07 PM PDT by Don Corleone ("Oil the gun..eat the cannolis. Take it to the Mattress.")
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To: pallis

McQueeg’s lapdog Pandsey Graham as well. Graham’s making noises about wanting to amend the Fourteenth to explicitly prevent birthright citizenship. The guy’s a lawyer, he knows damn good and well that Congress and the President could do it anytime they wanted by simply passing legislation to enforce it, as per Section 5. It’s nothing more than a sound bite he can throw at the restless Republicans in South Carolina to try and sound tough on immigration as he tries to help McQueeg and the Rats sneak through “comprehensive immigration reform”—otherwise known as amnesty.

Build the fence. Secure the border. Deport. NOW.

}:-)4


28 posted on 08/13/2010 4:40:42 PM PDT by Moose4 (November 2, 2010--the day that "YES WE CAN" becomes "OH NO YOU DIN'T")
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To: LibLieSlayer

Freddy’s been saying that right along. He was a big supporter for Bush’s amnesty too.


29 posted on 08/13/2010 4:44:37 PM PDT by Reaganwuzthebest
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To: La Lydia

bump


30 posted on 08/13/2010 4:52:10 PM PDT by RightGeek (FUBO and the donkey you rode in on)
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To: La Lydia

BTTT


31 posted on 08/13/2010 4:59:22 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Reaganwuzthebest

He burned his bridge with me tonight... I knew that he was a liberal... but being for the outright invasion of our nation and the ignoring of our immigration laws... and in some cases promoting the violent overthrow of our western States... and then rewarding those actions with the granting of citizenship of America... then I have nothing but disdain for the spineless jelly fish.

LLS


32 posted on 08/13/2010 5:01:56 PM PDT by LibLieSlayer (WOLVERINES!)
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To: La Lydia

Bump


33 posted on 08/13/2010 5:04:05 PM PDT by RedMDer (Throw them all out in 2010... Forward with Confidence! Forward!)
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To: Monorprise
Weather or not the 14th amendment rewards citizenship to the children if illegal aliens.
Whether the weather is rainy, clear or cloudy the weather shouldn't have anything to do with making the children if illegal aliens citizens. {;^) (I couldn't help myself)
34 posted on 08/13/2010 5:05:54 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: La Lydia

sfl


35 posted on 08/13/2010 5:10:22 PM PDT by phockthis
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To: La Lydia

Bookmark.


36 posted on 08/13/2010 5:12:39 PM PDT by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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To: LibLieSlayer

Barnes was pilloried on this site for supporting amnesty during Bush’s term. Obviously he hasn’t changed and seems to have grown more liberal as he’s gotten older. Nothing would destroy this country faster than another amnesty and anyone who doesn’t see that is either fooling themselves or wants it to happen.


37 posted on 08/13/2010 5:16:37 PM PDT by Reaganwuzthebest
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To: Reaganwuzthebest

There is not one angstrom’s width between our opinions!

LLS


38 posted on 08/13/2010 5:28:52 PM PDT by LibLieSlayer (WOLVERINES!)
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To: La Lydia
Senator Howard knew, as his reference to natural law indicates, that the republican basis for citizenship is consent.

I haven't read the whole speech yet but this obviously brings up a flaw in the reasoning that simply being born in the U.S. means that you're under its jurisdiction. Would a child born to a foreigner who does not desire U.S. citizenship for them be a U.S. citizen? According to the logic of those who say the 14th A. confers citizenship on anyone born on our soil citizenship would be forced on the newborns of foreigners who don't want it. That has never happened.

39 posted on 08/13/2010 5:32:03 PM PDT by TigersEye (Greenhouse Theory is false. Totally debunked. "GH gases" is a non-sequitur.)
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To: La Lydia

Hmm...it’s not a new argument.


40 posted on 08/13/2010 5:46:35 PM PDT by scrabblehack
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