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To: SoonerStorm09

GOOD!

No “certification of live birth” either

The Constitution DOES NOT say “Anyone born in the USA is a citizen”

it says” “Anyone born in the usa, AND UDER THE LAWS AN JURSIDICTIONS OF, is a citizen”

The founders must have been asked the meaning of that clause- I think some one here visiting (or especially illegally) is NOT “under the laws and jurisdicotns of”


4 posted on 04/29/2010 1:53:58 PM PDT by Mr. K (This administration IS WEARING OUT MY CAPSLOCK KEY!)
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To: Mr. K
The founders must have been asked the meaning of that clause- I think some one here visiting (or especially illegally) is NOT “under the laws and jurisdicotns of"

Unfortunately, we've got that little thing known as the 14th Amendment, which says (in part)...

"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.

Notice it says all persons. That's about as exclusionary as you can get. Of course, US v. Wong Kim Ark held...

"The evident intention, and the necessary effect, of the submission of this case to the decision of the court upon the facts agreed by the parties were to present for determination the single question stated at the beginning of this opinion, namely, whether a child born in the United States, of parent of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States. For the reasons above stated, this court is of opinion that the question must be answered in the affirmative."

And, people will argue that Ark didn't address illegals. Of course, we have Plyler v. Doe, which was entirely about illegals, and that majority opinion found...

"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

So, as you can plainly see, the law is quite settled in this regard. The only way to fix this, is a constitutional amendment, at least partially repealing the 14th. The chances of securing a new Amendment on this issue, are probably close to zero.

10 posted on 04/29/2010 2:02:54 PM PDT by OldDeckHand
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