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To: Carry_Okie

There's nothing in the 14th amendment forbidding anchor babies.
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

On the other hand, Section 3 implies that John Kerry is holding office illegally. The Carter era amnesty by pardon, should not have applied to Kerry, as he had taken an oath as an officer of the US. Congressional legislation requiring 2/3rds approval level for officers of the United States, is required by this amendment section.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.


46 posted on 04/23/2005 4:15:13 AM PDT by enigma825
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To: enigma825
There's nothing in the 14th amendment forbidding anchor babies.

It is you YOU that is in need of education.

As written, the 14th Amendment was NOT intended to grant citizenship to the children of foreign subjects.

The Slaughterhouse Cases are the first Supreme Court interpretation of the 14th Amendment on record. The author of the majority opinion is a contemporary of those who drafted and debated the Amendment. The following text is from the majority opinion (about 3/4 of the way down the linked source page):

http://supct.law.cornell.edu/supct/search/display.html?terms=Slaughterhouse%20Cases&url=/supct/html/historics/USSC_CR_0083_0036_ZO.html

Slaughterhouse Cases, 83 U.S. 36 (1872) (USSC+)
Opinions
MILLER, J., Opinion of the Court

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

The first observation we have to make on this clause is that it puts at rest both the questions which we stated to have been the subject of differences of opinion. It declares that persons may be citizens of the United States without regard to their citizenship of a particular State, and it overturns the Dred Scott decision by making all persons born within the United States and subject to its jurisdiction citizens of the United States. That its main purpose was to establish the citizenship of the negro can admit of no doubt. The phrase, "subject to its jurisdiction" was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States.

Here is a second source:

"Every Person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.

Senator Jacob Howard, Co-author of the citizenship clause of the 14th Amendment, 1866.

Senator Howard recognized three classes of people to whom the 14th Amendment citizenship clause would not apply: foreigners (tourists here temporarily), aliens (those here illegally but who have no intention of leaving), and foreign diplomats (here legally and in a special protected status who will leave upon the expiration of their term).

And in Section 5 "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." cedes control of implementing provisions of the Amendment back to Congress. Because the Constitution is a limiting document they MAY NOT grant citizenship to illegals, nor the equivalent.

47 posted on 04/23/2005 7:53:05 AM PDT by Carry_Okie (There are people in power who are REALLY stupid.)
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To: enigma825
There's nothing in the 14th amendment forbidding anchor babies.

You have now had a week to respond to my reply. Admit it: you didn't know what the hell you were talking about, recent bogus Supreme Court decisions built upon a precedent arising a packed Roosevelt court, notwithstanding.

59 posted on 04/29/2005 7:17:54 AM PDT by Carry_Okie (There are people in power who are REALLY stupid.)
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