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To: upier
IANAL, but illegal aliens are certainly 'subject to the jurisdiction' of the United States -- they're neither foreign diplomats (who possess diplomatic immunity) nor other 'immune' classes. If they weren't 'subject' you couldn't detain them or charge them with crimes - like illegal immigration, for example, surely?

And their children born here are born citizens - that's some heavy stare decisis to overturn.

I have no idea how any of the existing SCOTUS Justices would feel about a law that was on its face in contravention of the 14th Amendment and case law. I seriously doubt it would pass muster.

You'd have to pass a Constitutional amendement, I suspect. Good luck on that.

--R.

3 posted on 09/12/2006 5:59:47 AM PDT by RustMartialis
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To: RustMartialis
that's some heavy stare decisis to overturn.

More than anything, that will be the biggest problem. The intentions of the 14th may be clear, but how it has been applied in practice sets up a big hurdle. I've heard good arguments on how this can be fixed through legislation and without a Constitutional amendment, but just getting the legislation through will take jumping some high hurdles...one of the biggest being just getting the public to understand the scope and size of the problem.
5 posted on 09/12/2006 6:15:14 AM PDT by P-40 (Al Qaeda was working in Iraq. They were just undocumented.)
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To: RustMartialis
IANAL, but illegal aliens are certainly 'subject to the jurisdiction' of the United States

Can an illegal alien, serve on a jury?

The authors of the 14th amendment specifically stated that in their argument during ratification of the 14th amendment.

There are other examples of how illegal aliens are not subject to the full jurisdiction of the United States.

12 posted on 09/12/2006 7:45:25 AM PDT by Marine Inspector (Customs & Border Protection Officer)
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To: RustMartialis
"You'd have to pass a Constitutional amendement, I suspect."

You'd first need a Congress with balls "to enforce, by appropriate legislation, the provisions of this article". Section 5 already gives the lame@$$ Congress the power to restrict the Fourteenth's application to illegal alien offspring. They just don't possess the balls to enforce it.

19 posted on 09/12/2006 10:15:26 AM PDT by azhenfud (He who always is looking up seldom finds others' lost change.)
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