"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."
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Yes really.
Given the fact that umpteen people voted on the clause and umpteen states ratified it for their own particular reasons their one should never look to legislative history to interpret a statute or constitution.
The text and only the text.
The problem is that the plain meaning of the text of the 14th amendment conficts with the Senator's argument.
All persons in the United States, illegal or not, are subject to the juridiction of the United States, the only exceptions being those who have diplomatic immunity or the members or camp followers of an invading army.
If the wife of a Japanese soldier had given birth on occupied Guam during World War II, that mother and baby would not be subject to the juridiction of the United States.
An illegal alien can be arrested, fined and imprisoned, they are absolutely subject to the jurisdiction of the United States.
The Senator should have read his amendment or rewritten it. The text does not say what he thought it said.
I'm a strict constructionist. The plain text of the constitution is where you start.
Senator Howard would not be the first Senator to not understand his own law.
The Texas bill is blatantly unconstitutional and would be void if passed. The Constitution of the United States clearly prohibits that legislation.
The 14 Amendment was to make sure former slaves were considered citizens. It is really sick to give this privilege to families who have broken our laws to come here.
I read recently that 60% of births in Texas are to illegals.