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To: WatchingInAmazement

Source please.


116 posted on 12/10/2006 10:38:23 AM PST by Cheburashka ( World's only Spatula City certified spatula repair and maintenance specialist!!!)
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To: Cheburashka

I'm sorry I failed to copy the source.


http://www.freerepublic.com/focus/f-news/1525714/posts

GOP-led push to end birthright citizenship brewing in U.S. House

or
http://www.freerepublic.com/focus/f-news/1741295/posts

or

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

(snip) Sen. Jacob Howard, who wrote the Fourteenth's Citizenship Clause believed the same thing as Bingham as evidenced by his introduction of the clause to the US Senate as follows:

[T]his amendment which I have offered is simply declaratory of what I regard as the law of the land already, that 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.

And what was this law of the land already Howard speaks of? "All persons born in the United States and not subject to any foreign power" are citizens of the United States. So what Howard is making clear here is the simple fact his citizenship clause is no different then the law of the land already which demanded allegiance to the United States by at least the child's father before that child could be considered a U.S. born citizen. This alone makes liberal construction to the contrary impossible.



http://africanamerica.org/eve/forums/a/tpc/f/79160213/m/3101054333

or

http://www.newswithviews.com/public_comm/public_commentary32.htm

(snip) To understand the correct interpretation of the 14th Amendment we need to understand what the co-author of the amendment wrote about the Amendment. In 1866, Senator Jacob Howard wrote, "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." Senator Howard wrote the addition phrase specifically because he wanted to make it clear that the simple accident of birth in the US is not sufficient to justify citizenship.

The US Supreme Court recognized this when they ruled in 1873 that the phrase (and subject to the jurisdiction thereof) excluded "children of ministers, consuls, and citizens of foreign states born within the United States." Since the court recognized that the children of foreign citizens and diplomats should not be granted US citizenship, why should anyone think that the children of those that enter the US illegally are subject to the jurisdiction of the US government? The simple answer is no thinking person would. The anchor baby parents are neither US citizens, subject to US jurisdiction, nor do they owe any allegiance to the US. Federal immigration laws require aliens to renounce all allegiance to any foreign government and to support the US Constitution to become citizens. The parents of anchor babies never fulfilled this obligation and were never "subject to the jurisdiction" of the US.

Both the author of the 14th Amendment and the US Supreme Court recognized that an alien mother and her baby are subject to the jurisdiction of their native country - not the US. The 14th Amendment wasn't created to provide an end run for aliens to defy US immigration laws. But politicians have subverted the Constitution and allowed citizenship to any child born in the US. This misinterpretation is not accidental - it is intentional. An error of this magnitude could not be accidental.

or

I n Plyler v. Doe (1982), (the U.S.) Supreme Court (reaffirmed that) the 14th Amendment's phrases "subject to the jurisdiction thereof" and "within its jurisdiction" were essentially equivalent and that both referred primarily to physical presence. It held that that illegal immigrants residing in a state are "within the jurisdiction" of that state, and added in a footnote that "no plausible distinction with respect to Fourteenth Amendment "jurisdiction" can be drawn between resident aliens whose entry into the United States was lawful, and resident aliens whose entry was unlawful ."

http://blogs.chicagotribune.com/news_columnists_ezorn/2006/08/sinking_anchor_.html


118 posted on 12/10/2006 12:38:06 PM PST by WatchingInAmazement ("Nothing is more expensive than cheap labor," prof. Vernon Briggs, labor economist Cornell Un.)
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