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To: HighlyOpinionated

While I would support a tightly sealed border with enforcement, fortunately, your preference cannot amend the Constitution. The plain language of the organic document to which all of our law must pay homage' says unambiguously that every person born in the United States is, by that reason alone, a U.S. citizen. Nothing you can say or do, all of the breast beating or teeth nashing or fervently wishing will change that fact. Moreover, once a person is a natural born citizen (vis-a-vis a naturalized) that status cannot be removed by an ex post facto law or constitutional amendment. A naturalized citizen can lose that status only if there was fraud in the application process and, had the truth be disclosed, the application would have been denied.


27 posted on 05/07/2005 4:32:17 PM PDT by middie
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To: middie
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside."

From http://www.theamericanresistance.com/issues/anchor_babies.html:

The 14th Amendment was ratified in 1868 to protect the rights of native-born Black Americans, whose rights were being denied as recently-freed slaves. In 1866, Senator Jacob Howard clearly spelled out the intent of the 14th Amendment by writing:

"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."

33 posted on 05/07/2005 4:46:58 PM PDT by Fatalist
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To: middie
says unambiguously that every person born in the United States is, by that reason alone, a U.S. citizen. .

What constitution are you quoting? The US Constitution does not address the matter and the 14th Amendment excludes the children of aliens.

Both the framers of the 14th Amendment and the majority opinion issued by the SCOTUS as a result of the first case to examine the elements contained in the 14th Amendment agreed that US citizenship as a consequence of birth, regardless of location, was not to be enjoyed by the children of foreign nationals.

It was over 80 years after the executive implementation of the 14th Amendment (an extra-constitutional process as opposed to ratification) and after Franklin Roosevelt packed the federal courts, that opinions suggesting that the children of foreign nationals came under the "protection" of the 14th Amendment. Those opinions have never been tested before the SCOTUS.

If you had taken the time, a quick search of this forum would have documented the history of the 14th Amendment and its meanderings through the federal appellant after Roosevelt. And yes, the 14th Amendment, the best weapon in the creative arsenal of a liberal, activist judiciary, was promoted and snuck in the back door by Republicans.

43 posted on 05/07/2005 6:42:47 PM PDT by Amerigomag
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To: middie
The plain language of the organic document to which all of our law must pay homage' says unambiguously that every person born in the United States is, by that reason alone, a U.S. citizen.

No, no.

Article XIV. 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.

No. It says "and subject to the jurisdiction thereof." The parents of an illegal immigrant newborn born in the USofA are NOT subject to the jurisdiction thereof. They have BROKEN the law and placed themselves OUTSIDE of the jurisdiction thereof.

Therefore, their child is NOT eligible to be a US Citizen.

We the people have allowed this farce and travesty of true justice to be hoisted on us and it's past time to "just say no."

49 posted on 05/08/2005 9:34:57 PM PDT by HighlyOpinionated (Gov'ments 7 Branches: Executive,Legislative,Judicial,Bureaucracy,Lobbies,Political Parties,Media)
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