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To: IronJack

All persons living in the jurisdiction of the U.S. ( except diplomats) are subject( are held accountable) to our laws . Does it make anyone in our jurisdiction a citizens( owes allegiance to ), of course not. This is the problem , you are still confusing a SUBJECT( citizen) with anyone held accountable for ( subject). This concept that children of illegals is fairly new ( 1980’s). In the 1950’s the U.S. deported over a million illegals and their children ( born here) as they were not ‘granted’ citizenship. If what you believe is true about the 14th amendment , why has it not been allowed until the 1980’s? The Supreme Court has always stated that allegiance is required to be a U.S. Citizen. The court has always stated that allegiance is gained from your parents. Recently a low court did draw the ame conclusion as your post, but no court even the Supreme Court has the authority to over rule the U.S. constitution.The only Constitutional thing that counts is the original intent of the founding fathers And I think you know from your posting what they felt about children of illegals.


51 posted on 05/27/2010 7:34:38 PM PDT by omegadawn
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To: omegadawn

Your perception is wrong on a couple of points, the most egregious being the statement that “no court ... can override the Constitution.”

The Supreme Court routinely “overrides” the Constitution as a matter of course, in that, following Marbury vs. Madison, the Court decided that it INTERPRETED the Constitution, and that its interpretation then becomes the law of the land.

Your opinion on the citizenship of foreign parents does not matter one iota. The letter of the law — in this case, the Fourteenth Amendment — does not matter one iota. The only thing that matters is the final decision of the Supreme Court. And even then, the precedent can be superseded.

The Court has not ruled on this issue directly, but where it has handed down dicta, they lean toward inclusion.

Arguing this on the basis of the Citizenship Clause of the Fourteen Amendment is an uphill fight. I think it will take a test case to force the Court’s hand and in my estimation, it’s a 60-40 chance against us.

I don’t like it, but the law doesn’t care about MY opinion one iota either.


55 posted on 05/28/2010 5:32:01 AM PDT by IronJack (=)
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