Posted on 11/30/2007 4:31:46 PM PST by SwinneySwitch
Now that’s very apt!
See #40. The Constitution is a higher authority than any five judges.
Touchdown!
It sure is.
Have they established a US residence when they are fresh from the Rio Grande and are being tailed by the Feds?
That’s not, it’s true. Congress holds the leash of all the pro-active judges we rail against while they pretend they don’t. If we don’t like the decisions of socialist judges it seems to me that we have to pressure Congress to remove them or provide simpler means of doing so.
Congressmen seem to be so caught up in their “thing” and bad influences that they totally lose sight of their inherent power. Perhaps all that energy expended making up excuses accounts for that.
The specific intent of the "jurisdiction thereof" was to exclude children born to diplomats and others not "subject to the jurisdiction thereof."Are you saying that an illegal alien is not subject to the jurisdiction of the United States? They can get arrested just like the rest of us.
How is a baby born in the United States not subject to the jurisdiction of the United States? The amendment doesn't say anything about the baby's parents. By a literal interpretation the kid is a citizen.
I have suspected for some time that some of these immigrants are born pregnant.
... rule that the phrase “and subject to the jurisdiction thereof” means there is no automatic citizenship for a baby born to an illegal alien who willfully evaded the jurisdiction of American immigration laws.”How can you evade a jurisdiction you're not subject to? That twists the literal words pretty far. Is judicial activism ok in this case but not others?
Those who continue to lobby for cheap labor are soul-less, manipulative, evil. They have no place in the Republican Party.Agreed.
All businesses benefit by keeping wages down even if they don't employee illegal aliens. The problem will not go away until businesses can't afford to pay the price anymore. That means wages will rise.
If there was as much energy put into punishing criminal businesses the problem would dry up in a flash.
After capture by Border Patrol, immigrant gives birthI was thinking more along the lines of romance with the Border Patrol agent.It’s just that when I read the title, I had a rather pornographic image pop into my head of an anchor, chain and all, popping out of her nether regions and hitting the ground with a thud.
Illegal aliens aren't supposed to pay US taxes or be able to sue Americans in US courts so they aren't under US jurisdiction.Illegal aliens are assessed taxes on the way out of the country all the time. What makes you think they aren't subject to the income tax?
I don't think US citizenship is a requirement to sue in US courts either.
What's the deal? They are absolutely obsessed with crossing that border! Is it something cultural with Mexicans to want welfare THIS bad?
They are subject to our laws as anyone in this country is, but they are not subject to the jurisdiction of the United States. Being subject to our laws does not mean you are subject to our jurisdiction.
If I go to a foreign country, I have to obey their laws but I do not lose my US citizenship nor do I gain that country’s citizenship because I am already subject to the jurisdiction of the United States. In other words, I owe my full allegiance to this country and no other.
Illegals coming here retain allegiance to their home country so they cannot claim full US allegiance thus they cannot be subject to the jurisdiction of the United States. A child’s allegiance is to his or her parents. So an illegal person’s child is subject to the country to which his parents owe their allegiance.
Subject to US law does not equal subject to US jurisdiction. You need to study more about the phrase as those who originally wrote the Fourteenth Amendment used it.
No, you don’t understand the meaning of subject to the jurisdiction. It is not equivalent to subject to the laws. You can be subject to a country’s laws without beings subject to its jurisdiction. The phrase has a specific meaning in that amendment. It means having allegiance to no other country but the United States. A child owes it’s allegiance to its parents. The parents owe their allegiance to whatever country they are from.
Let me start this for you. You can go read the whole thing for yourself later.
The Civil Rights Act of 1866
1866 Civil Rights Act
14 Stat. 27-30, April 9, 1866 A.D.
CHAP. XXXI.
An Act to protect all Persons in the United States in their Civil Rights, and furnish the Means of their Vindication. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States;
Go here to read the act in full:
http://www.teachingamericanhistory.org/library/index.asp?document=480
(I'm too tired and lazy to make it clickable, sorry.)
I don't think that illegals can claim they are not subject to their home country (foreign power). So they would not qualify to be covered by this law. The act itself was written as a civil rights act for black slaves, period. Anyone else trying to freeload onto this act has no understanding of the law.
I have learned that when dealing with misunderstood issues it is best to read the law myself and not listen to misrepresentations.
You are correct and besides the 14th Amendment ratified two years later says basically the same thing and has the same meaning. The writers specifically noted in the debates that aliens and foreigners would not qualify for automatic citizenship. That's the result of executive policy not a law from Congress.
“Are you saying that an illegal alien is not subject to the jurisdiction of the United States? They can get arrested just like the rest of us.”
THey can get arrested and tossed out of the country ten minutes later, with no due process, because of their lack of jurisdiction. That can’t happen to a citizen. Their children, born to those invaders with no jurisdiction, also lack jurisdiction rights.
Congress saw it one way a century ago when international travel tooks weeks or months. They can change it in the future if they decide to.
Why doesn't Mexico take care of its own people? Why don't the ultra-wealthy Mexican elites help to pay for the health care and education etc of their own poor? Why do they instead encourage their poor to leave Mexico and invade the United States? Nature provides a parallel that is instructive.
Some species of birds thrive not by carefully rearing their own young, but by pawning that task off on adults of other species. The European Cuckoo, whose distinctive call is immortalized in the sound of the "cuckoo clock," is the bird in which this habit has been most thoroughly studied. Female European Cuckoos lay their eggs only in the nests of other species of birds. A cuckoo egg usually closely mimics the eggs of the host (one of whose eggs is often removed by the cuckoo).
The host may recognize the intruding egg and abandon the nest, or it may incubate and hatch the cuckoo egg. Shortly after hatching, the young European Cuckoo, using a scoop-like depression on its back, instinctively shoves over the edge of the nest any solid object that it contacts. With the disappearance of their eggs and rightful young, the foster parents are free to devote all of their care to the young cuckoo. Frequently this is an awesome task, since the cuckoo chick often grows much larger than the host adults long before it can care for itself. One of the tragicomic scenes in nature is a pair of small foster parents working like Sisyphus to keep up with the voracious appetite of an outsized young cuckoo.
Liked that one, did you?
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