Time to End Birthright Citizenship

Honestly, I’m not sure if they have ever ruled on it.

It’s a good question.

21 posted on 09/21/2017 3:27:20 PM PDT by DoughtyOne (DACA: Their dream, our nightmare... will the rule of law prevail or not?)

Sure. I agree with that.

22 posted on 09/21/2017 3:27:41 PM PDT by DoughtyOne (DACA: Their dream, our nightmare... will the rule of law prevail or not?)

Then post #16 may have some merit.

23 posted on 09/21/2017 3:45:54 PM PDT by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)

To: DoughtyOne; CMAC51

Need to study this a little:

https://www.law.cornell.edu/cfr/text/31/515.329

especially section (b)

Thanks CMAC51

24 posted on 09/21/2017 3:51:14 PM PDT by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)

To: MileHi; DoughtyOne; CMAC51

https://www.law.cornell.edu/cfr/text/31/515.330

So as easy as changing:

(2) Any person actually within the United States;

to read:

(2) Any person legally within the United States;

Would that do it?

25 posted on 09/21/2017 3:55:57 PM PDT by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)

To: CMAC51; MileHi

The 14th Amendment to the Constitution of the United States:

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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The so-called birthright citizenship clause:

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.

There are two tests here.

Lets look at test one.

Here's how Leftists read it.

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.

Does this grant citizenship to all persons born in the United States?

On the face of it no. It doesn't even come close to saying that.

The inclusion of an additional stipulation in addition to simply being born on our soil, renders this a false premise. All persons are not granted citizenship for having been born here, without being judged to be under the jurisdiction thereof.

For this reason, it is a false premise to state every person born in the United States is a citizen.

Now lets look at test two.

...and subject to the jurisdiction thereof...

Leftists love to claim that illegal aliens must abide by the laws of the United States (all except immigrating legally, I presume). This they use as primafacia evidence that illegals aliens "...are subject to the jurisdiction thereof,...".

Is that true? NO, and it's a very easy thing to test.

The very inclusion of this verbage in the amendment deligitimizes this claim.

If being on U.S. soil made illegal aliens "...subject of the jurisdiction thereof..." all by itself, this further stipulation would not have been provided.

If all illegal aliens were subject to the jurisdication thereof, the Citizenship claus would read, "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."

Jurisdiction language would not be necessary, and it would not have been included.

The jurisdiction language had to be addressing something different than merely being present in the United States, when being born.

Conclusion:

The 14th Amendment does not grant citizenship to illegal aliens born on U.S. soil.

26 posted on 09/21/2017 4:29:29 PM PDT by DoughtyOne (DACA: Their dream, our nightmare... will the rule of law prevail or not?)

I would think that “Any person legally within the United States” could be construed to include tourists who entered legally and have not overstayed their visas. Better wording would be “Any person legally residing within the United States.”

27 posted on 09/21/2017 5:40:10 PM PDT by bus man (Loose Lips Sink Ships)

This would stop illegal immigration dead in it’s tracks.

28 posted on 09/21/2017 5:45:33 PM PDT by jmacusa ("Made it Ma, top of the world!'')

To: FreedomNotSafety

Nothing. As long as you are native born or you have come legally.

29 posted on 09/21/2017 5:46:30 PM PDT by jmacusa ("Made it Ma, top of the world!'')

If You’re born here you’re a citizen. What do anchor babies, family unification, and illegal aliens have to do with it. If you’re here illegally and have a kid you can go back with your kid or without your kid. Most of those kids will have dual citizenship so their parents can decide. If you leave your kid your welcome to try the legal route,

Plenty of visiting women have their kids here on purpose and then go home with the kid.

30 posted on 09/21/2017 6:51:01 PM PDT by FreedomNotSafety

To: DoughtyOne; justiceseeker93; BillyBoy; AuH2ORepublican; fieldmarshaldj; sickoflibs

I agree re the 14th amendment, the key phrase is “subject to the jurisdiction thereof”, which excludes illegal aliens, tourists, and diplomats.

31 posted on 09/21/2017 7:19:03 PM PDT by Impy (The democrat party is the enemy of your family and civilization itself, forget that at your peril.)

To: TheTimeOfMan

"Eliminate birthright citizenship. Retroactively - for the last 50 years."

No, the last 120 years! Then deport everyone!

;-)

32 posted on 09/21/2017 8:20:48 PM PDT by familyop ("Welcome to Costco. I love you." --Costco greeter in the movie, "Idiocracy")

"Time to End Birthright Citizenship"

Then, only rich foreigners born elsewhere would be allowed to stay in the U.S.A. All of the Americans would be gone.

Nope.

No excuses.

I won't bother even looking.

;-)

33 posted on 09/21/2017 8:25:19 PM PDT by familyop ("Welcome to Costco. I love you." --Costco greeter in the movie, "Idiocracy")

So simple a literate eighth grader could understand it. That doesn’t mean Congress could.

34 posted on 09/21/2017 8:56:16 PM PDT by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)

35 posted on 09/21/2017 8:57:37 PM PDT by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)

To: FreedomNotSafety

If You’re born here you’re a citizen

Bull Hillary

36 posted on 09/21/2017 8:59:37 PM PDT by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)

37 posted on 09/21/2017 9:00:43 PM PDT by musicman (The future is just a collection of successive nows.)

Thanks MileHi.

Agreed.

38 posted on 09/21/2017 9:37:44 PM PDT by DoughtyOne (DACA: Their dream, our nightmare... will the rule of law prevail or not?)

To: FreedomNotSafety

Plenty of visiting women have their kids here on purpose and then go home with the kid.

Do other countries allow for birth on their soil to grant citizenship?

39 posted on 09/21/2017 9:42:33 PM PDT by Freedom56v2 ((Freeper formerly known as bushwon ;))

I’ve been saying this needed fixed for years. This anchor baby business is creating a nightmare of the USofA. I even read where some of Mexico’s cartel’s wives (”women”?) are going to San Diego to have their babies. You think they’re doing that so their babies have a better life? IMO, nope!

40 posted on 09/22/2017 4:41:15 AM PDT by beachn4fun ("Being American means being free. That's why they're proud." - Tony Blair 7/17/03)

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