Free Republic

The late Supreme Court Justice Antonin Scalia was what we call an “originalist” when it came to interpreting the U.S. Constitution. He believed the only way to read the Constitution was in the context of the times when its provisions were written which formed the intent of those who wrote and later amended it. We could only interpret what they meant by reading what they wrote through the filter of the events of their day, not our day. The issue of the 14th Amendment and whether it conveys birthright citizenship just from being born on American soil has resurfaced in...

Back on November 26, Maryury Hernandez, a God-fearing pregnant migrant from Honduras, entered the country with her husband and three-year-old son in search of "better lives" for her children and "to keep them safe" (so she makes the hazardous trek north?), says journalist Ruben Navarrette, who is "extremely grateful for his citizenship." The problem is, she entered illegally, which makes her eligible for deportation. "I feel like a criminal," said Maryury. She is a criminal. A pregnant foreigner may go to the U.S. to give birth. She doesn't violate any U.S. laws if she has a visa. Still, U.S. Customs,...

The U.S. Constitution prohibits anyone except a "natural born citizen" from becoming President, though legal experts disagree as to whether or not that means they need to be born in the United States or simply be an American citizen at birth. Though they may quibble on the definition, most Americans don't think this long-standing rule should be changed to allow naturalized citizens to inhabit the Oval Office. According to a CBS News poll released Sunday, while 21% of Americans would favor changing the Constitution to allow people who aren't natural born U.S. citizens to become President, 75% would oppose such...

Article II of the Constitution states: "No Person except a natural born Citizen . . . shall be eligible to the Office of President." Donald Trump thinks Sen. Ted Cruz is not a "natural born Citizen" and that he is therefore constitutionally ineligible to be president. Is Trump right? Cruz was born in 1970 in Calgary, Canada, to a U.S. citizen mother and a Cuban citizen father. As to his Article II status, it's all in how you read the Constitution. There are three leading theories of how to interpret the Constitution today. One is textualism: the Constitution means what...

At this year’s CPAC, Mark Levin delivered a powerful retort to those who repeat “we are a nation of immigrants” in pursuit of an open borders agenda. He countered, “we are not a nation of immigrants, we are a nation of citizens.” Indeed, American citizenship is the bedrock of our Republic – the privilege of sharing in the decision making and destiny of the greatest nation on earth. In America, anyone can potentially become a citizen by undergoing the process and successfully obtaining approval or by being born to legal American residents. But nothing undermines the fabric of America and...

Q: When did the United States Adopt Jus Solis? Answer: United States never did adopt it, and instead, abandoned it. After the Revolutionary War the first thing the colonies threw out was England’s much hated “perpetual allegiance.” To the colonists, perpetual allegiance was much like “perpetual bondage,” and was considered both a dirty phrase and offensive. To say America freely adopted common law rule of jus soli would be like suggesting America adopted Nazism after WWII.Under jus soli, there was no personal choice. Under old English common law, foreigners were not required to owe any allegiance to the nation...

Congressional action warranted: the Fourteenth Amendment stipulates that Congress has the power to enforce its provisions by enactment of legislation, and the power to enforce a law is necessarily accompanied by the authority to interpret that law. Therefore, an act of Congress stating its interpretation of the 14th Amendment, as not to include the offspring of illegal aliens, would fall within Congress's prerogative. The cost of educating illegal alien children in the nation's seven states with the highest concentration of illegal aliens was $3.1 billion in 1993(which with the growth of their population to 1.3 million, would be more like...