https://rebrn.com/re/martosko-re-birthright-citizenship-heres-the-senates-original-re-5845321/
Posted on 10/31/2018 4:02:17 PM PDT by TBP
Birthright citizenship is mandated by the 14th Amendment to the Constitution, and therefore can only be “changed” by constitutional amendment, not by mere executive order or act of Congress, or so the argument goes.
That view depends on reading the 14th Amendment as actually mandating automatic citizenship for anyone and everyone born on US soil, no matter the circumstances. Temporary visitors, such as tourists, students and guest workers, can unilaterally confer citizenship on their children merely by giving birth while here, is the claim. That view has given rise to the cottage industry known as “birth tourism.” Worse, under this view, citizenship is automatic even if the parents overstay their visas and become illegally present in the United States. Worse still, such citizenship is automatic for children born of parents who were never lawfully present in the United States in the first place.
In a nation such as the United States, which is rooted in the idea that governments are formed based on the consent of the governed, the notion that foreign nationals can unilaterally confer citizenship on their children as the result of illegal entry to the United States (and therefore entirely without our consent) is a bit bizarre.
It rewards lawlessness, undermining the rule of law. It deprives Congress of its constitutional authority to determine naturalization power.
(Excerpt) Read more at nypost.com ...
It will never be fixed. It should, but won’t.
Any enforcement of US constitution will be opposed by democrats
Yes it will.
They will lose.
This will be a lot easier than beating Hillary in 2016.
Need to do a slow read of this.
It will make you fee good.
Not true. The 14th amendment was for freed slaves. The South/Democrats were not allowing them to be U.S. citizens. There is NOTHING in the constitution granting birthright citizenship. Especially not for just landing in the U.S. and popping out a baby.
Agreeing with the author and you.
Funny. Those debating the 14th's passage didn't think so. I invite anyone to read the congressional record of the passage debates and find anywhere that this is mentioned. On the contrary, it was clear to those who voted for the amendment originally that there was NO anchor baby citizenship.
Scribd: Congressional Debates of the 14th Amendment].
Relevant discussion begins on p.44 of the linked document. Some excerpts:
Sen Howard, who introduced the amendment to the floor understood it not to include children of foreigners. In fact, he understood it not to include Indians on reservations as the reservations were quasi-foreign states.
Sen. Trumbull asserts: "What do we mean by "subject to the jurisdiction of the United States?" Not owing allegiance to anybody else. That is what it means."
Sen. Johnson observes: "Now, all that this amendment provides is, that all persons born in the United States and not subject to some foreign Power — for that, no doubt, is the meaning of the committee who have brought the matter before us — shall be considered as citizens of the United States. That would seem to be not only a wise but a necessary provision. If there are to be citizens of the United States entitled everywhere to the character of citizens of theUnited States there should be some certain definition of what citizenship is, what has created the character of citizen as between himself and the United States, and the amendment says that citizenship may depend upon birth, and I know of no better way to give rise to citizenship than the fact of birth within the territory of the United States, born of parents who at the time were subject to the authority of the United States."
What if there was a downside to automatic US citizenship? As an example, if we had a draft, one who was born here would be eligible for the draft. Would folks come here anyway and take the risk?
The 14th was never intended to apply to foreigners.
Any foreigners.
The Supreme Court stretched it to cover the children of foreigners here legally in Wong Kim Ark, but did not extend it to illegal aliens.
That was done administratively sometime in the 1960’s.
An executive order can remedy that.
Children of foreign nationals inherit the nationality(ies) of their foreign national parent(s).
That’s why the children of foreign nationals are NOT natural born citizens.
That’s also how Ted Cruz acquired US citizenship being born in Canada. A citizen by extension of his mother’s citizenship, but not a natural born citizen.
Anyone who missed this show should watch or save the rerun at 8:00PM PST.
Have any of the Fake MSM even MENTIONED birth tourism the past few days? Bets? Anyone?
It would be hard to reverse those already given citizenship by rogue leftist bureaucrats (perhaps if an amnesty deal ever comes up....that is the group that should be pointed out as the bargaining chip for E-Verify, Wall, asylum reform, chain migration, H-1B reform, etc...) We are stuck with them anyway.
Trump should do major regulatory surgery on the big three Fedzilla Agencies that have dealings with foreigners: State Dept. (US passports), IRS-Tax ID numbers, SS#’s refunds etc. to illegals, SSA-birth certificates issued by states...he could order that these agencies require documented proof of at least one US citizen parent before being issued these documents.
This concept will need a deeper legalistic vetting but the idea is to EO regulatory agencies under federal purview thus blocking the functioning of illegals residing here. Then let this become the basis for the legal challenge on 14A.
“subject to the jurisdiction therof” is to Conservatives as “A well regulated Militia” is to Liberals.
https://rebrn.com/re/martosko-re-birthright-citizenship-heres-the-senates-original-re-5845321/
Trump brought this fact during the debates and Cruz. Was anyone listening?
“That was done administratively sometime in the 1960’s.”
Ted Kennedy....
Don’t underestimate Trump...he’s as tireless as the Left-—if we were all that way in supporting him, there’s no telling what H(W)e can accomplish...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.