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To: Lurking Libertarian
"As well they should, because the 14th Amendment says that if you're born here, you're a citizen. Don't like it, amend the Constitution."

This is a common misreading and distortion of both what is said, to whom it applies, its purpose, and the history that undergirds the Constitution.

First -- the Amendment applies to "Citizens Rights."

Second, the Amendment was passed for the purpose of conveying the rights of Citizenship to the children of freed slaves.

Third, it is clear that reading the 14th Amendment, it could not possibly convey citizenship to all people subject to the jurisdiction of the United States. That is, if you are here, you are subject to the jurisdiction of our Courts. That is obvious, as not being subject would lead to anarchy.

Fourth, and fa more important, no law rewards illegal behavior. In fact, the English common law and the law of most states will void the result of an illegal act. Excellent examples would be that a police raid of one's home without probable cause and a warrant is a violation of the law, and all fruit of that poisonous tree is excluded. (That means if you have 50 pounds of coke on the table, it cannot be used, because the law does not reward lawbreaking.) On the civil side, the law will not recognize contracts or civil actions to enforce illegal acts.

It is utter nonsense for people to read, as some have and as is now the law, that breaking into this country illegally should permit you to convey citizenship to your child. In fact, if one were to consider the effect of such a ruling, one would have to agree with the following. If the Russians invade Alaska and roll down through the pacific Northwest, staying for 10-15 years before being repelled. Would the children of those Russian soldiers, born here during the occupation, be U.S. Citizens? I suppose some would have to argue yes. That is just not tautologically sound.

No -- the 14th Amendment does not convey citizenship to the offspring of illegal aliens. (Obviously, the question is more dicey if the father is a lawful resident.)

The proposed legislation would make for a GREAT Supreme Court case because of the issues and flaws involving the misconception and misapplication of the 14th Amendment.
152 posted on 03/02/2005 11:33:55 AM PST by Iron Eagle
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To: Iron Eagle
It is utter nonsense for people to read, as some have and as is now the law, that breaking into this country illegally should permit you to convey citizenship to your child.

Especially when the author of the amendment says it excludes the children of foreign diplomats. If you're here legally as a foreign diplomat, you're children don't get citizenship, but if you're here illegally, you're children do get citizenship? How bizarre that would be! [NEOCON ALERT!!]

279 posted on 08/07/2005 1:45:12 PM PDT by wotan
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