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Birthright Citizenship -- A Fundamental Misunderstanding of the 14th Amendment
Fox News ^ | January 14, 2011 | Hans A. von Spakovsky

Posted on 08/18/2015 6:39:22 AM PDT by xzins

click here to read article


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To: snoringbear

That’s where good propaganda, tracking and reporting crimes by this group comes in.


61 posted on 08/18/2015 7:43:51 AM PDT by freedomfiter2 (Lex rex)
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To: All
Central America federales plot the overthrow of
the US govt in the WH.... w/ an eager foreigner.


62 posted on 08/18/2015 7:44:37 AM PDT by Liz
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To: taxcontrol

It looks like you haven’t read the full article. The author cites a number of precedents and the legislative history of the Fourteenth Amendment to support his position.


63 posted on 08/18/2015 7:45:15 AM PDT by libstripper
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To: Ray76

http://www.nationalreview.com/corner/243187/children-diplomats-mark-krikorian


64 posted on 08/18/2015 7:45:51 AM PDT by umgud
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To: USNBandit; P-Marlowe

When many of us say “the wall”, we mean controlling access to the country. There is the physical, high tech wall, but there’s also control of access via coasts, seaports, airports, visas, and work permits. That implies a function e-verify system, even though it isn’t said every time, because this is a long paragraph. “The wall” is shorthand for “controlled access to the country”.


65 posted on 08/18/2015 7:46:00 AM PDT by xzins (Don't let others pay your share; reject Freep-a-Fare! Donate-https://secure.freerepublic.com/donate/)
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To: cuban leaf
And if you are here illegally, you are not. You are here against the laws of our country.

According to the author "subject to the jurisdiction" is not a legal classification but a political one. If you are a citizen of another country then you are subject to their jurisdiction and not ours. So the it doesn't look like the children of foreign nationals born in the U.S. are citizens period, which would make Rubio and Jindal ineligible.

66 posted on 08/18/2015 7:46:24 AM PDT by DoodleDawg
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To: taxcontrol

Are you subject to the jurisdiction of the US when in Germany?


67 posted on 08/18/2015 7:47:34 AM PDT by xzins (Don't let others pay your share; reject Freep-a-Fare! Donate-https://secure.freerepublic.com/donate/)
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To: xzins
Far beyond the statute of limitations.

Hopefully I won't get deported.

68 posted on 08/18/2015 7:47:37 AM PDT by DoodleDawg
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To: USNBandit

Simple argument... “subject to the jurisdiction” means allegiance to the sovereign. If it meant that someone bound by the laws could be punished for transgression, then it is superfluous and has no meaning—all persons in all places will be punished for transgressions of local laws. Are we citizens of the world, then? No. We are a sovereign nation whose foundations are rooted in the wisdom and common sense of the population to govern their representatives. The Constitution and its Amendments were not written with superfluous and meaningless language.


69 posted on 08/18/2015 7:47:43 AM PDT by pgyanke (Republicans get in trouble when not living up to their principles. Democrats... when they do.)
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To: DoodleDawg

I wouldn’t be losing to much sleep at night.


70 posted on 08/18/2015 7:48:29 AM PDT by xzins (Don't let others pay your share; reject Freep-a-Fare! Donate-https://secure.freerepublic.com/donate/)
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To: snoringbear

In order to do something like those already born and issued citizenship will have to be grandfathered.
________________________________________

No they will not...its never been settled law...

there’s a lot of murders in the US shall we grandfather in a right to murder ???


71 posted on 08/18/2015 7:51:01 AM PDT by Tennessee Nana
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To: xzins
I wouldn’t be losing to much sleep at night.

I'm not, but just to be on the safe side maybe I'll look into naturalization.

72 posted on 08/18/2015 7:52:02 AM PDT by DoodleDawg
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To: xzins

What I am saying is that if I was going to do one thing today, to stop this tide, it would be mandatory e-verify. You would have to expand the current system, but you could pull funding from the deferral spending and put it into the expanded system. The plus is that you don’t have to create a new system. It’s already there.


73 posted on 08/18/2015 7:52:05 AM PDT by USNBandit (Sarcasm engaged at all times)
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To: xzins

BUMP


74 posted on 08/18/2015 7:54:10 AM PDT by Roses0508
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To: taxcontrol
Jurisdiction - noun - The territory or sphere of activity over which the legal authority of a court or other institution extends.

No citizen of one country is a member of the territory or sphere of authority of another country. One may visit, but that visit doesn't make you a member of that society. That is why there are embassies and passports... to service the citizens of foreign sovereigns.

Your argument, and the argument of all jus soli proponents is one of schizophrenia... in making the argument that location of birth--and not the allegiance of the parents--takes precedence, you undermine the rest of international law and authority. Foreign diplomats who have children while on duty in our country are not birthing US citizens. The same is true of those who illegally enter.

75 posted on 08/18/2015 7:56:31 AM PDT by pgyanke (Republicans get in trouble when not living up to their principles. Democrats... when they do.)
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To: taxcontrol

The idea that legal status is defined by the accident of geographical position is ludicrous.

The illegals presence in the country is a Statement by Them that they are NOT subject to the jurisdiction; they should be taken at their word.


76 posted on 08/18/2015 8:00:15 AM PDT by bakeneko
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To: DoodleDawg

don’t be a silly..

If your great grandfather (ggf) were not citizens at the time of your grandfather’s birth but became American citizens later, the wife and the child already born automatically became citizens too..

For what reason would your ggf not become a citizen ??? or your ggm if it was after the date the law changed to have women become citizens in their own right...

suppose your ggf and ggm if applicable became citizens at some time then the grandfather is now a citizen able to pass on that necessary jurisdiction to his children...

If the ggf and ggm were citizens BEFORE the child was born then the child is born an NBC...

consider, at the time your ggp came here it was an honor and privilege to be an American citizen, why wouldn’t they become one ???


77 posted on 08/18/2015 8:01:30 AM PDT by Tennessee Nana
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To: bakeneko
The idea that legal status is defined by the accident of geographical position is ludicrous.

Ludicrous, perhaps. But that is the way it is currently. Changing the 14th is what is needed to end birth right citizenship.

78 posted on 08/18/2015 8:02:50 AM PDT by taxcontrol
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To: DoodleDawg
maybe I'll look into naturalization.

At least you'll ace the US History test.

79 posted on 08/18/2015 8:07:16 AM PDT by xzins (Don't let others pay your share; reject Freep-a-Fare! Donate-https://secure.freerepublic.com/donate/)
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To: USNBandit

I absolutely agree with you on e-verify.


80 posted on 08/18/2015 8:07:49 AM PDT by xzins (Don't let others pay your share; reject Freep-a-Fare! Donate-https://secure.freerepublic.com/donate/)
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