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Bill rekindles debate on birthright citizenship
Austin American-Statesman ^ | November 18, 2006 | Juan Castillo

Posted on 11/19/2006 3:33:25 PM PST by ruination

click here to read article


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1 posted on 11/19/2006 3:33:27 PM PST by ruination
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To: ruination
Not everyone agrees with the legal argument presented in your article:

http://federalistblog.us/mt/articles/14th_dummy_guide.htm
2 posted on 11/19/2006 3:39:33 PM PST by Founding Father (The Pedophile moHAMmudd (PBUH---Pigshit be upon him))
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To: ruination

Yet another view for your consideration:

http://federalistblog.us/2005/12/birthright_citizenship_fable.html


3 posted on 11/19/2006 3:41:20 PM PST by Founding Father (The Pedophile moHAMmudd (PBUH---Pigshit be upon him))
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To: ruination
The key in the 14th Amendment is here:

"...and subject to the jurisdiction thereof,..."

Those here illegally are not here under our jurisdiction.
4 posted on 11/19/2006 3:41:41 PM PST by ConservativeMind
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To: ruination
"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."

I believe this Amendment needs to be amended to say that "all persons borne to a citizen of the United States..." meaning that at least one of the parents MUST be a citizen in order for citizenship to be automatic for the baby.

5 posted on 11/19/2006 3:43:34 PM PST by blinachka (Vechnaya Pamyat Daddy... xoxo)
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To: ruination
"required that the state provide public education to children regardless of their legal status"

This is a ruling that doesn't even pass the smell test. How can taxpayers be expected to pay for the education of ILLEGAL occupants of our Country? Unless the law is taken before a CONSTITUTION-respecting USSC, rather than an agenda-driven Liberal court seeking to legislate from the bench, NO Constitutional provisions are safe from re-interpretation by the Liberals.

This crap has been occuring over and over again, and with the remarks of Chuckie Shumer, regariding "no conservative appointements will be allowed", it's obvious this will not only continue, but will grow....

6 posted on 11/19/2006 3:44:28 PM PST by traditional1
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To: ConservativeMind

If we can deport them or convict them of a crime that they commit, then they are subject to our jurisdiction. Ambassadors, consuls, diplomats, United Nations kakistocrats, and their families, employees, servants, and slaves fall outside our jurisdiction. Under international law, we cannot convict them of crimes that they do commit, such as illegal parking, enslavement, or even murder.


7 posted on 11/19/2006 3:52:01 PM PST by dufekin (The New York Times: an enemy espionage agency with a newsletter of enemy propaganda)
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To: ruination

Instead of proposing a 700 mile fence, why doesn't one of our solons propose amending the Constitution to specifically say children of those here illegally do not get automatic citizenship or any rights associated with it?


8 posted on 11/19/2006 3:55:43 PM PST by Tribune7
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To: ruination

Does citizenship mean anything anymore? Or is it just where you happen to drop your butt down?


9 posted on 11/19/2006 3:56:17 PM PST by PatrickF4
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To: traditional1

I would hope that the Supreme Court would uphold this state law. If the Supreme Court wouldn't uphold it, I would hope that the state would defy the Supreme Court's unconstitutional decision.


10 posted on 11/19/2006 4:00:01 PM PST by old republic
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To: ruination

Never happen!


11 posted on 11/19/2006 4:03:58 PM PST by hophead ("A questions not really a question, if you know the answer too.")
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To: ruination

Sorry, but just because liberals abuse the text of the Constitution to create rights that don't exist doesn't mean what conservatives can do the same. The text is clear -- if you're born here, you're a citizen. Anything else is sophistry.


12 posted on 11/19/2006 4:10:41 PM PST by tdewey10 (Can we please take out iran's nuclear capability before they start using it?)
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To: dufekin

If the parents cannot legally be called citizens of the US nor are legally following our laws, they are nor here within our jurisdiction.

If the Soviet Union launched a nuclear weapon and discharged it over one of our cities, was it here by or under our jurisdiction?

Jurisdiction, as it is mentioned at Dictionary.com, can be substituted with the word "authority" or "control".

http://dictionary.reference.com/browse/jurisdiction


13 posted on 11/19/2006 4:15:34 PM PST by ConservativeMind
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To: blinachka

it does say that


14 posted on 11/19/2006 4:27:45 PM PST by wwcj
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To: tdewey10
Really?

"Senator Jacob Howard, co-author of the citizenship clause of the 14th Amendment, stated in 1866, "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."

"The Fourteenth Amendment states,"(A) Persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States."

However a proviso limits foreigners who have babies in America. It couldn't be clearer, children of foreigners, aliens or diplomats, who are subject to the jurisdiction of their home country, are ineligible for citizenship.

At the time the Fourteenth Amendment was ratified we didn't have immigration laws. One hundred and thirty eight years later we are paying for the misinterpretation of it."

sw

15 posted on 11/19/2006 4:31:08 PM PST by spectre (Spectre's wife)
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To: ruination

About time!


16 posted on 11/19/2006 4:31:28 PM PST by moehoward
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To: blinachka

the link on post three is a greatly condensed, easier to read of the prior one. The powers to be back then went as far as saying that a person born must have a FATHER that is a citizen. Not just a parent that is a citizen. This alone could be a good talking point since there is much information on the "fact" that a child finds their self identity through their fathers, and not their mothers. These great men prove to show that we have only gone downwards as a society.


17 posted on 11/19/2006 4:37:35 PM PST by wwcj
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To: old republic
"hope that the state would defy the Supreme Court's unconstitutional decision."

Now THAT would be something! I believe the only place in Amerika right now that could defy the U.S. Supreme Court ruling without Federal action would be Kalifornia (which is basically a third world country, anyway).

18 posted on 11/19/2006 4:53:30 PM PST by traditional1
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To: ruination

A lot of our present environment began with the 14th Amendment and a lot of it is interpretation, not expressly stated. The birth thing is not the biggie although big enough to be noticeable.


19 posted on 11/19/2006 4:56:43 PM PST by RightWhale (RTRA DLQS GSCW)
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To: ruination

since the US no longer has slavery....what good is this amendment??

oh yeah...it will help the lib/dems get more illegals to vote for them!!!!


20 posted on 11/19/2006 4:57:27 PM PST by hnj_00
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