Posted on 08/24/2010 5:36:59 PM PDT by Nachum
The suggestion by at least three senators that the Constitution be amended to deny birthright citizenship to children of illegal aliens born in the United States has induced derogatory retorts that to do so would negate the 14th Amendment's protection of civil rights. Historical facts - ignored by those opposed - in fact demonstrate that such an amendment would reinstate the rule as originally intended by the adoption of the 14th Amendment in 1868. At issue is the first clause of the 14th Amendment, which states, "All persons born ... in the United States, and subject to the
(Excerpt) Read more at washingtontimes.com ...
If that happens this particular distortion needs to be among the first to be rubbed out.
The 14th Amendment clearly was not intended about illegal immigrants.
In fact, illegal immigration was not even an issue at the time of the Amendment.
But slavery was and that is what the Amendment clearly was intended to mean and represent.
bttt
In 1868 I don’t think there was any such thing as an illegal alien was there?
I'm not sure what the genesis of that particular phrase is, or when it was coined, but the Chinese Exclusion Act of 1882 predates US v. Ark by about 18 years or so. So, at the time Ark was heard & decided, there were classes of people that were disallowed entry into the US.
If there were Chinese who did enter anyways, I'm not sure what if anything was done to them. I don't know if any kind of deportation proceeding had yet been established.
I'm not sure the Congressional record supports that assertion. During the debate on the 14th, Sen. Edgar Cowan gives a speech on the Senate floor where he's critical of the 14th Amendment because he feels it will lead to more Chinese and Gypsies in his state who commit "trespass". It's pretty clear that there were at least a few Senators who knew what the unwanted practical effect would be of the 14th, irrespective of what its intent actually was. They were right.
Lines from “Blazing Saddles”:
“Dock that chink a day’s pay for nappin’ on the job.”
“Alright, we’ll take the niggers and the chinks, but we don’t want the Irish.”
“I have a feeling a window of opportunity to correct some of these perversions of the constitution will be opening soon.
If that happens this particular distortion needs to be among the first to be rubbed out.”
I sense you are on to something.
But, if the “14th Amendment [was] never meant for illegals”,
... might it also be said that the 1st Amendment was never meant for Muslims?
More like 'the first amendment was never meant to protect speech that presents a real and immediate danger to the republic', ie your typical muslim 'sermon'.
"I have a feeling a window of opportunity to correct some of these perversions of the constitution will be opening soon."
A Constitutional amendment will never happen ... unless the issue stays alive.
The best approach would be to challenge an illegal's birth certificate NOW, in state court.
It will be denied, of course, but appeal it to the SCOTUS.
There is a chance the SCOTUS will rule appropriately. If they don't, then there will be enough outcry to get the Constitutional amendment passed.
But do it NOW. God forbid one of the current conservative justices passes away and Obama gets to appoint another Elena Kagan to the court -- or, possibly, Hillary Clinton or Al Franken.
Yes, they were right.
There are usually a few good ones that have foresight and object to a new law or ordinance, or have maybe a better way, but unfortunatley they are many times not the prevailing party.
Aside from that, it does not make sense to reward the illegal parents with citizenship and a free ticket for their kids. Especially when we are in a financial crisis and don’t have the money to build new schools for our own.
Mexico has to take care of it’s problems. They should not be our problem.
Its the only way, as the GOP hasn't the courage for a political solution.
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