Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: BellStar

The first sentence of the 14th Amendment to the Constitution -- often called the "citizenship clause" -- reads as follows:

"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 original intent of this provision was to guarantee citizenship to the former slaves and their descendants following the Civil War. However, the Supreme Court held in U.S. v. Wong Kim Ark (1898) that the "citizenship clause" applied to anyone born in the US, of any ethnicity or national origin -- and, in Afroyim v. Rusk (1967) and Vance v. Terrazas (1980), that the clause prevented Congress from revoking a person's US citizenship without evidence of his or her intent to give up said citizenship.


41 posted on 05/30/2006 10:21:52 PM PDT by gpapa (Boost FR Traffic! Make FR your home page!)
[ Post Reply | Private Reply | To 38 | View Replies ]


To: gpapa
U.S. v. Wong Kim Ark

That only dealt with legal immigrants. There has never been a case to my knowledge that was specifically ruled on as it related to illegals. In any event since Congress has legislative authority over immigration matters they could write a law around the jurisdiction clause denying automatic citizenship then let the USSC hear it when it's challenged.

51 posted on 05/31/2006 6:44:39 AM PDT by Reaganwuzthebest
[ Post Reply | Private Reply | To 41 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson