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To: mikemikemikecubed

Sounds good to me. I'm going to pull a "Ginsberg" here and ask what other country allows someone to just stop by and pop off a baby who then is automatically a citizen.

But my understanding is that the language of the 14th Amendment would be interpreted to prohibit this, since it has language stating that all persons born or naturalized here are citizens. That was drafted for a very different situation, of course, and I may not have all my facts. Thanks in advance to anyone who has more info.


11 posted on 04/05/2005 12:18:49 PM PDT by cvq3842
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To: cvq3842
That was drafted for a very different situation, of course, and I may not have all my facts. Thanks in advance to anyone who has more info.

IIRC, that was just to ensure that all the slaves were automatically citizens and therefore subject to full protections and privileges. Think of it as a big grandfather clause.

18 posted on 04/05/2005 12:41:58 PM PDT by antiRepublicrat
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To: cvq3842
Here is a little bit about the 14th Amendment.

Excerpted from:
Illegal Aliens and American Medicine

We must overturn the misinterpretation of the Fourteenth Amendment to the U.S. Constitution. The Constitution grants citizenship to all persons born or naturalized in the United States and "subject to the jurisdiction thereof." An illegal alien mother is subject to the jurisdiction of her country. The baby of an illegal alien mother also is subject to that home country's jurisdiction.

When the Fourteenth Amendment was ratified, its purpose was to assure rights of freedom and citizenship to newly emancipated Negro citizens. American Indians, however, were excluded from American citizenship because of their tribal jurisdiction. Also not subject to American jurisdiction were foreign visitors, ambassadors, consuls, and their babies born here. For citizenship, the person was required to submit to complete, exclusive American jurisdiction, owing allegiance to no other nation.

Long ago the Supreme Court correctly confirmed this restricted interpretation of citizenship in the so-called 'Slaughter-House cases' [83 US 36 (1873)] and in [112 US 94 (1884)]. In Elk v.Wilkins, the phrase 'subject to its jurisdiction' excluded from its operation 'children of ministers, consuls, and citizens of foreign states born within the United States.' In Elk, the American Indian claimant was born in America, but considered not An American citizen because the law required him to be 'not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction and owing them direct and immediate allegiance.'

To obtain citizenship, an American Indian had to separate from his tribe and be accepted by the United States as a citizen. A special act of Congress was needed to grant full citizenship to American Indians. The Citizens Act of 1924, codified in 8USCSß1401, provides that: The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe.

Congress by legislation has the right to create uniform rules on naturalization, and to create dual citizenship and similar variations upon 'jurisdiction.' We must be vigilant against Congressmen voting to extend the list of those born here to include illegal aliens or other lawbreakers, conferring American citizenship and its generous social and medical benefits on babies born to criminals.... Aiding and abetting illegal aliens is a crime. Punish it. This will anger devotees of illegal aliens who believe that the Constitution guarantees them civil rights that trump American administrative, civil, and criminal laws.

Illegal Aliens and American Medicine
http://www.cairco.org/articles/art2005spring.html

For the complete article:
http://www.jpands.org/vol10no1/cosman.pdf

46 posted on 08/09/2005 8:57:36 AM PDT by DumpsterDiver
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