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Illegal Aliens' Children and the Fourteenth Amendment
May 13, 2005 | R.K. Davis

Posted on 05/13/2005 8:11:11 AM PDT by azhenfud

There is debate continuing to surface over America's Fourteenth Amendment's guarantee that everyone born on U.S. soil be granted U.S. citizenship. Many have resolved it among themselves, having been misguided by unwilling lawmakers claiming there is nothing that can be done to deny illegal aliens the opportunity to complicate their deportation procedures with the birth of what is commonly known as "anchor babies".

This idea is however, false, predicated upon the fact politicians and lawmakers dare not appear to "evict" a "citizen" from these United States and that America is also too "compassionate" to do so. Although the Fourteenth Amendment appears clear in its requiring subjugation to U.S. law, that may possibly be in fact, an area of contention with illegal aliens.

Children of illegal aliens are minors in the care of legal guardian(s) not subject(s) of that same law. Since many illegal aliens, if they have knowledge of that "right", will appeal to the Consular's offices of their respective countries when the first need arises, such exception may and should be taken to exclude those "anchor babies" from U.S. citizenship eligibility. Let's look at the matter in more simplistic terms comparable to what's happened to the Second Amendment, the right to keep and bear arms. In doing so, we may determine how restrictions on eligibility for citizenship at birth may be enacted.

Federal and state laws have been enacted which restricted, modified, and in some cases even denied the constitutional right to bear arms with government touting such measures as a protection for U.S. citizens. They have, in fact, "denied" and "revoked" that right to some, limited the possession of arms types "in excess", required the registration of those who've exercised that right, and even placed restrictions as to how that right is exercised by making concealed weapons and mere possession of some types unlawful. All these restrictions and exceptions were placed upon a constitutionally guaranteed right to keep and to bear arms.

Now, if the legislatures of both federal and state governments had a desire to stop illegal aliens from complicating the normal legal process of deportation, provisions requiring at least one parent to document their legal residency at the time of applying for a child's birth certificate should be enacted immediately. Those lacking that documentation could be issued provisional certifications differing in appearance from those of legal residents' or citizens'. Such measure would help assure those "anchors" remaining eligible for deportation along with the illegal parents.

Restrictions on the constitutional "right" of citizenship have equal legitimacy as do restrictions on the constitutional "right" to keep and bear arms. The time to clarify may be needed now more than ever before.


TOPICS: Government; Unclassified; Your Opinion/Questions
KEYWORDS: aliens; fourteenthamendment; immigrantlist
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To: Hop A Long Cassidy

>>>"No civilization/culture in all of recorded history has been able to stop/prevent migratory flows"
This statement is crap, not only do many other countries control their borders now and in the past as noted, the US has controlled it's immigration quite well in the past and could today.
Saying it is not possible, is nothing more than ignorance.


21 posted on 05/13/2005 9:42:46 AM PDT by iopscusa (El Vaquero.)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 4.1O dana super trac pak; 4Freedom; 4ourprogeny; ...

ping


22 posted on 05/13/2005 9:49:03 AM PDT by gubamyster
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To: azhenfud
Excellent piece on this:

Creating the Ultimate Magnet School.

Plyler v. Doe: The Root of All Evil.

If there was ever a single event that has contributed to the explosion of illegal immigration in our country it was the 1982 Supreme court decision that made it mandatory for every state in the union to educate every single child of criminally illegal immigrants no matter the cost, conditions of their entry, justification or the resources necessary to accomplish this indignation by judicial fiat.

In September 1977 a class action suit was filed on behalf of school-aged children of illegal Mexican immigrants who were residing in Smith County, Texas. See Plyler v. Doe,457 U.S. 202, 206 (1982) The action complained of the “exclusion” of the plaintiff children from the public schools of the Tyler Independent School District. 457 U.S. at 206.[1]

Here's the upshot: The reason that these children were "excluded" is because they were in this country illegally. It was a no-brainer. The supposedly sovereign State of Texas was no longer going to foot the bill for these ultimate “magnet" school; free public education for illegal aliens. So the Texas legislature, on behalf of the People of the state of Texas, passed a law saying just that. And the Supreme court reversed it.

[CLICK to continue...]

23 posted on 05/13/2005 9:54:08 AM PDT by JesseJane (Close the Borders.)
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To: N. Beaujon

~courtesy ping~


24 posted on 05/13/2005 9:55:52 AM PDT by JesseJane (Close the Borders.)
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To: azhenfud

The Federal Courts can interpret the Constitution any way they want. All it takes is one Federal judge (or 5 Supreme Court Justices if it get that far), to declare that children born of Illegal Aliens are not automatically citizens pf the US.


25 posted on 05/13/2005 9:57:24 AM PDT by Cowboy Bob (Question Liberalism)
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To: azhenfud

BTTT


26 posted on 05/13/2005 10:01:28 AM PDT by kellynla (U.S.M.C. 1st Battalion,5th Marine Regiment, 1st Marine Div. Viet Nam 69&70 Semper Fi)
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To: seastay
"This a county of immigrants, and the Hispanic culture is not the problem..."

Yes it is. At least it is a large part of the problem, if they had come here to gain American culture rather than to supplant it (see downtown LA) I doubt anyone would have noticed.

27 posted on 05/13/2005 10:02:33 AM PDT by norton (build a wall and post the rules at the gate)
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To: lemura
however, anyplace with contiguous landmass, forget it

Now that is utterly hilarious. For 1300 years the Europeans have repulsed invasions by Moslem semitic invaders. It's true that there were residual populations such as the Muslim Albanians, but...they were a residual, right?

And this was done with axes, swords, spears and long bows. Gosh, think what can be used now. Or rather, is used.

Let me tell you the truth. What is happening now is quite intentional. Almost NOTHING happens in the U.S. that is unplanned. You don't really think that the locals in D.C. plan to let Vicente Fox's minions just stomp in and vote themselves ownership of the nukes, do ya?

The border could be secured tomorrow. I grew up on the Mexican border, I remember when it was.

Somewhere along the line, decisions were made to let this occur. There are books written about why, so I'm not gonna bother to speculate.

"In politics, nothing happens by accident. If it happens, you can bet it was planned that way. "

-- Franklin D. Roosevelt

28 posted on 05/13/2005 10:23:52 AM PDT by Regulator
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To: JesseJane
Dead link, JJ.

Looks like part of it was truncated.

29 posted on 05/13/2005 10:24:54 AM PDT by Regulator
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To: iopscusa
This statement is crap, not only do many other countries control their borders now and in the past as noted, the US has controlled it's immigration quite well in the past and could today. Ditto. My tagline hasn't been answered yet!
30 posted on 05/13/2005 10:31:11 AM PDT by melancholy (Quiz: Name ONE country, other than the USA, that doesn't control its borders.)
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To: MamaTexan
As for the 14th Amendment, see Section 3 below:

14th. Amendment to the U.S. Constitution

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.

If this provision was observed, it would disqualify most of the liberals living along the Mexican border that help out illegals in the Congress, and possibly disqualify for life Ted Kennedy, who provides aid and comfort to our enemy in the Middle East.

31 posted on 05/13/2005 10:32:58 AM PDT by tom h
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To: All

See how the rules of the Second Amendment can be easily modified? Why not clarify the Fourteenth to reflect the true intentions behind its conception?

http://www.freerepublic.com/focus/f-news/1400926/posts


32 posted on 05/13/2005 10:33:44 AM PDT by azhenfud ("He who is always looking up seldom finds others' lost change...")
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To: gubamyster

Pong!


33 posted on 05/13/2005 10:35:04 AM PDT by melancholy (Quiz: Name ONE country, other than the USA, that doesn't control its borders.)
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To: azhenfud

Mexico encourages mothers to be to head to the border,
especially if their birth is going to be complicated the government of Mexico is not willing to pay for it nor do the expectant parents have the money.

However our elected officials take it upon themselves to spend our tax dollars on such non profitable ventures as paying for illegal aliens' birthing.

While our own citizens are handed a big screw job and expected to not only pay for their own medical care, but pay again for the indigent parasites when their own country doesn't give a care about them.

If we resist, we are deemed zenephobe and racist. I have grown very tired of their racist comments and so forth and so on. It has gotten very old for me.

The entire thing is extremely profitable for Mexico, as their families who stay here send money home to the tune of several billion dollars annually. That is the large sucking sound that was referred to in a past election, by a candidate who withdrew, but he was correct. There is of course more to it than just the money being sent home. Our jobs are leaving and so on. The result will be America a third world nation.

It is not Bush's fault alone. It is all previous presidents combined since 1960. We will not care for our own. We will pay a dear price for this non caring. No one will return the favors to us.


34 posted on 05/13/2005 10:36:17 AM PDT by television is just wrong
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To: Regulator
Dang... ! Wonder what happened.. Sorry. Perhaps you can try copy and paste in address bar. I just checked it again, and it's there.

If *this* doesn't work.. I'll be glad to post it in full.

It is a very important read, and worth the time for sure..

Here tis: http://www.nbeaujon.com/plyler.htm

and Ohhhhhhh what the heck.. try this hot link again..

Creating the Ultimate Magnet School. Plyler v. Doe: The Root of All Evil.

35 posted on 05/13/2005 10:36:27 AM PDT by JesseJane (Close the Borders.)
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To: Publius Valerius

You err by ommision in your statement: "The 14th Amendment was to end this debate once and for all. It established United States citizenship, and states that any citizen born in any state (i.e., the United States) is a U.S. citizen."

What that provision actually says is, “All person born or naturalized in the United States and subject to the jurisdiction thereof, …”

Illegals - and their U.S. born kids - have refused to subject themselves to the jurisdiction of this country and should not be considered citizens. Send them all home.


36 posted on 05/13/2005 10:43:14 AM PDT by Manfred the Wonder Dawg (In all things give thanks, for this is the will of God for you in Christ Jesus.)
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To: azhenfud

The U.S. government-assisted invasion of America is the reason this rule should no longer apply. We can't support the whole third world, and that is what is happening against the will of America.


37 posted on 05/13/2005 10:53:27 AM PDT by janetgreen (Minuteman Project = American Patriotism)
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To: gubamyster

Protect our borders and coastlines from all foreign invaders!

Be Ever Vigilant!

Minutemen Patriots ~ Bump!


38 posted on 05/13/2005 11:30:52 AM PDT by blackie (Be Well~Be Armed~Be Safe~Molon Labe!)
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To: azhenfud
The time to clarify may be needed now more than ever before.

Why should congress clarify anything? They are getting exactly what they want - millions upon millions of illegals for the American citizens to take care of through higher and higher taxes. Plus, Congress is being bought off by Mexican lobbyists who are paying good money to them to commit treason against their own country.

39 posted on 05/13/2005 11:48:46 AM PDT by swampfox98 (Michael Reagan: "It's time to stop the flood.")
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To: azhenfud
Children of illegal aliens are not citizens under the 14th Amendment.
40 posted on 05/13/2005 12:03:22 PM PDT by MRMEAN (Nuke the border!)
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