Posted on 02/24/2017 8:11:58 AM PST by Ancesthntr
Your analysis is spot on. The 14th Amendment has been used and abused for way too long. In my opinion, congress could pass clarifying legislation which would end many of the abuses such as the anchor baby travesty and the outrageous Plyler v. Doe decision in 1982 which required public schools to provide free education to illegal aliens. I do not know why congress has not acted on these obvious misinterpretations of the the 14th but it nigh time they do.
I was not nasty. You just don’t want to hear the truth.
For starters who in congress or the presidency has run on this issue? No one.
Next consider that all who are here and we’re born here will be grandfathered in.
Third securing our borders and getting rid of illegals will go a long way to giving the problem.
Fourth if you are so concerned get some lawyers together and go to court
You raise an important question. It’s notable that only 2 developed countries allow unrestricted birthright citizenship, US and Canada. ALL others restrict citizenship! The normal restrictions are if you are in the country illegally or as a tourist then no citizenship for your baby. Seems reasonable. Eliminate baby tourism and anchor baby motivation quickly.
So your plan is to give a bunch of people diplomatic immunity so that they don't have to obey the law? Don't think that's such a great plan.
It is my hope we shall see this at some point during President Trump’s term. One would also wish to see congress’ definition of NBC Our President would need to speak of this to American citizens that they might realize what they have been told for years is simply untrue.
Until they write in stone the REAL TRUTH, our nation is in peril.
Incorrect.
You are comparing territorial jurisdiction to political jurisdiction - the second one being the one that defines your nationality and thus what nation you are a "subject" of and to whom you owe allegiance.
Just because you're a subject of the English King doesn't mean we can't arrest and prosecute you for murder within our territorial boundaries. But we don't have to afford you the same rights as one of our nationals, as you are not part of our polity. Unless of course we decide to - i.e. the Congress acts to do so.
John Eastman and Edwin Meese wrote a great amicus curiae brief for the Hamdi case defining all of this. A good discussion of it is here:
Defining American: Birthright Citizenship and the Original Understanding of the 14th Amendment.
The legislative history of the 14th amendment and Supreme Court decisions make it clear that someone born illegally in the United States (parents here illegally) is NOT a citizen. Wong Ark Kim; Elk v. Wilkins.
Never. It’s a basic part of the country, and 90% of the people don’t even know there’s another way.
Cutting off production of anchor babies would certainly help with the immigration problem, legal and illegal.
And add a humanitarian angle ... women in the third trimester should not be hiking across the desert to give birth in an American hospital.
They’re both. Kind of. If the parents want to go through the paperwork, or they want to go through the paperwork as an adult. Or their parents could make them both and then as an adult they can dump one.
This IS a huge problem, during Zika virus outbreak, woman who has sister here on green card status, woman is pregnant living in Honduras I believe finds out her baby in the womb has been affected by her having Zika virus, she jumps on a plane to come visit sister has baby here and NOW American taxpayer is on the hook for ALL the medical care for this child for the rest of its life!!!! Baby is very deformed and medical expenses through this child’s life will be ASTRONOMICAL!!! Something HAS TO BE DONE ABOUT THIS!!!!
The older scam was to walk across the border at San Ysidro, take a taxi to Harbor General in Torrance timed so that they were going into labor, and present at the ER there.
Too far to send them back to Tijuana, so HG would take them in, kid would be born, and MamaCita gets a U.S. birth certificate for El Nino precioso.
Free of charge of course since they were indigent.
If illegal immigration as a mass phenomena was solved, we could afford to help some kid with a terrible disease.
We can’t do that with tens of millions of happy parasites.
Illegal immigration forces us to turn our backs on truly needy cases, and that’s something really sad.
When we get enough conservatives on the Supreme Court to make it a lock.
IIRC, the 14th Amendment was passed to protect freed slaves from claims against their citizenship. It was never meant to be a citizenship free-for-all.
The key phrase “subject to the jurisdiction thereof” is supposed to filter out foreign citizens from the birthright provision. When the Mexican government recently announced that illegals in the U.S. retain their full Mexican citizenship, that settled the issue.
A simple “sense of the Congress” declaration should be enough. While they’re at it, maybe a clarification of “natural-born citizen” could be passed at the same time?
Congress can kill the anchor baby phenomenon with one act. Doing that will reduce the pressure on the border a bit.
At least two. Kennedy is NOT on our side. He likes too much being the “swing” on the Court and he likes to have unorthodox or unexpected outcomes so that his name gets attached. That is what he seems to care about. It would be much easier on the anxiety center if Trump were to get to replace two leftist justices. At least two is necessary because if he appoints two at least one will “grow in office” so that he can get accepted in DC “polite society.”
See post 24.
Wong is case law not legislative history, and it doesn't support your view. The case law, and the text of the 14th, make absolutely clear that anyone born in the US is a citizen, unless they fall into one of the very narrow exceptions.
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