Birthright citizenship law targeted by Congress

Sierra Vista Herald, Sierra Vista Arizona (AP Story) ^ | Nov 26, 2005

[middie]

Thanks---The situational ethics and the ad hoc fervency of a group of wishful advocates are here on this site. Their dearest wish then becomes father to their conclusion that the clear and unmistakeable words of our organic document are now ripe for manipulation irrespective of their lack of ambiguity or the need to be interpreted in order to understand the meaning. How replete with fraud and deceit! It's a shameful exercise demonstrating that the depth of their collective intellectual integrity is roughly equalvalent to a tea spoon.

The problem and its resolution lies not with the 14th Amendment, it lies on denying entry at the border so that the issue doesn't arise. What they advocate for is a treatment of symptoms not the casue.

Thanks for the support.

[middie]

No person, that includes everyone within our borders, legal or otherwise, may be denied equal protection of the laws. If that requires medical care, education, law enforcement protection, food stamps, etc., then so be it. The Constitution says what it says and it commands that equal protection be recognized and complied with. The term ''no person'' is not ambiguous. The drafters could have replaced that term with ''no citizen,'' but chose to be inclusive rather than selectively exclusive.

If the need should arise for someone to argue this point, or the 14th Amendment's birthright clause, I'm available. But there are far superior constitutional scholars well prepared to undertake that position.

[EDINVA]

I guess I am missing how food stamps and free medical care and education - concepts inconceivable to the Founders - qualify under the equal protection clause. Is that in some penumbra ? There's a difference between "laws," a fairly unambiguous term, and "entitlements." All citizens are not entitled to food stamps, or other social programs. Those entitlements were only conferred upon illegal alients by a relatively liberal Congress in the late 80's. It is not a right enshrined in the Constitution.

[middie]

It's an easy concept that is firmly entrenched in constitutional law. Any detriment (ie:law or regulation enforcement) or any benefit to which other persons similarly situated are entitled cannot lawfully restricted or denied to any person within our territorial jurisdiction on the basis of race, religion, creed, citizenship or country of origin. It comes down to this: if a person - irrespective of citizenship - seeks to avail himself of a benefit otherwise available to other persons, that benefit cannot be conditioned on citizenship or status of an alien. That's the basic constitutional doctrine of equal protection of the laws.

Just as every person within our jurisdiction (ie: subject to our civil and criminal laws) must pay taxes on inccome or property, comply with our criminal laws, can sue or be sued in our courts, can be subpoened or compelled to attend court or appear before a law enforcement agency or grand jury or any other aspect of participation in daily life, then that same person is entitled to whatever any other person would.

We can agree, disagree, like it or not, but our Constitution does not allow it to be any other way.

[EDINVA]

could you give me some case citations?

Under your scenario, anyone who happens to be physically in the US on election day could just walk in and vote ... I think your interpretation is way too liberal. I believe the protections clause has to do with due process, not entitlements, but do look forward to your citing those cases.

[middie]

Voting is an attribute of citizenship and has no relation to the matter of equal protection in the context under discussion. That said, look at the poll tax and public access cases. Yours is an interesting response but not relevant. I've already mentioned several precise matters that fall within the equal protection doctrine.

Don't like it? Too bad, it is a concept firmly entrenched in constitutional law by the courts for at least the last 60 -70 years. If you're asking me for legal research, the answer is for you to do your own at the nearest public library. Buy a used constitutional law case/text book or go on-line and ''AskJeeves'' or ''Google'' the phrase ''equal protection.''