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To: Joe 6-pack
To read the 14th Amendment like we “want” it to be read, and not as it is actually written puts those of us on the political right on the same intellectual and legal plane as those on the left who like to loosely read the 2nd Amendment.

There is substantial evidence that the Fourteenth Amendment was never intended by its authors to justify 'anchor babies', but nonetheless it may be tough to get around.

On the other hand, one might make an argument that illegal aliens by their action seek to deny that the U.S. has jurisdiction over them; they should not be allowed to claim themselves to be subject to U.S. jurisdiction while refusing to acknowledge it.

Still, a constitutional amendment would be the right approach, if there weren't so many people in Congress (Dem and RINO) who rely upon the Democrats' ability to create votes. Actually, the RINOs probably rely upon the Democrats' behavior in this regard more than do the Democrats themselves.

11 posted on 05/21/2007 3:51:34 PM PDT by supercat (Sony delenda est.)
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To: supercat
"There is substantial evidence that the Fourteenth Amendment was never intended by its authors to justify 'anchor babies', but nonetheless it may be tough to get around."

I agree that anchor babies are an abuse of the Fourteenth, and that it was never intended to be used as such, but primarily to recognize the citizen status of emancipated slaves who had been born in US territory. Nevertheless, there continue to be those who like to make their claims about certain amendments and what they were "intended" to do vs. what they actually say...and it's the verbiage that must bear the weight. It's why the founders included a procedure for amending it, and to try to circumvent that procedure is, I would argue, illegal and borderline treasonous.

15 posted on 05/21/2007 4:01:44 PM PDT by Joe 6-pack (Que me amat, amet et canem meum.)
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To: supercat; Joe 6-pack; All

More:

Alien Birthright Citizenship: A Fable That Lives Through Ignorance
http://federalistblog.us/2005/12/birthright_citizenship_fable.html

[snip]
The author of the Fourteenth Amendment, Rep. John A Bingham (OH), responded to the above declaration as follows: “I find no fault with the introductory clause, which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.”

The opinion of US Attorney General Edward Bates in 1862 said: “The Constitution does not make the citizen, it is in fact made by them.” If so, how then does a alien make a citizen of the United States?


16 posted on 05/21/2007 4:04:30 PM PDT by AuntB (" It takes more than walking across the border to be an American." Duncan Hunter)
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To: supercat
There is substantial evidence that the Fourteenth Amendment was never intended by its authors to justify 'anchor babies', but nonetheless it may be tough to get around.

I'd like to see the provision against "anchor babies" made retroactive.

26 posted on 05/24/2007 6:59:37 PM PDT by SamuraiScot
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