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Does the Constitution really say that children of illegal immigrants are automatic citizens?
National Review ^ | 01/27/2011 | Katrina Trinko

Posted on 01/27/2011 10:51:23 AM PST by SeekAndFind

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To: The Comedian

“Yeah, and liberating the concentration camps antagonized the Nazis. Good.”

LMAO.....exactly.


21 posted on 01/27/2011 11:29:24 AM PST by Electric Graffiti (Crush your enemies, see them driven before you, and hear the lamentation of their Moonbats)
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To: SeekAndFind; Red Steel
The 14th Amendment

In 1866, Senator Jacob Howard clearly spelled out the intent of the 14th Amendment by stating:

"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. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country."

22 posted on 01/27/2011 11:31:09 AM PST by DJ MacWoW (America! The wolves are at your door! How will you answer the knock?)
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To: SeekAndFind
I didn't know that the Constitution directly or indirectly covered that subject.
23 posted on 01/27/2011 11:37:57 AM PST by ANGGAPO (Layte Gulf Beach Club)
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To: astyanax

“The Constitution is fine.
It was the courts that changed the original intent of the Amendment.
A law is more than adequate to correct it.”

I thought it was Kennedy’s immigration act that started it. But I agree with you this needs to stopped before we become Norte Mexicano.

“In 1965, the late Senator Ted Kennedy pressed hard for the immigration legislation-it was the first bill he managed through to passage- that eliminated the so-called ‘national origin’ quotas that had been used to keep the flow of immigrants into the U.S. overwhelmingly European. Confronting critics of the bill who had the foresight to question whether it would result in torrential flows of peoples from impoverished lands that would strain America’s ability to assimilate them, Kennedy dismissed even the suggestion that the ethnic and cultural balance of the nation would be impacted and, in a portent of strategy employed by the proponents of mass immigration ever since, he accused the bill’s critics of bigotry.”


24 posted on 01/27/2011 11:39:29 AM PST by Electric Graffiti (Crush your enemies, see them driven before you, and hear the lamentation of their Moonbats)
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To: Anitius Severinus Boethius
Someone who crosses the border illegally is “subject to the jurisdiction thereof”.

I beg to differ

That person is subject to the jurisdiction of whatever country he came here from and MUST be returned there ASAP!

25 posted on 01/27/2011 11:41:03 AM PST by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
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To: astyanax

Yes, I am. That is currently how the law is and has been interpreted for some time (100 years, more?) I know that some college admissions cases have been surprised to find they had American citizenship because of it.


26 posted on 01/27/2011 11:42:41 AM PST by Varda
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To: Varda
"100 years, more?"
Try 1982. (A footnote in a Supreme Court opinion.)
27 posted on 01/27/2011 11:47:42 AM PST by astyanax (Liberalism: Logic's retarded cousin.)
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To: Electric Graffiti; Varda
The Heritage Foundation has a great article on birthright citizenship, but it seems to be down.
I did find this:
Justice Brennan's Footnote Gave Us Anchor Babies
28 posted on 01/27/2011 11:54:25 AM PST by astyanax (Liberalism: Logic's retarded cousin.)
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To: astyanax

Sorry no. Colleges and Universities have been dealing with this issue for many decades. The paper work for non citizens is different than the paperwork for citizens. University legal work tends to be very good. I’m sure they have their ducks in a row on this practice of so many decades.


29 posted on 01/27/2011 11:54:54 AM PST by Varda
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To: Varda

“Sorry, no?!”
LOL!
Okay, ignore facts because you’re convinced that the universities must have their ducks in a row.


30 posted on 01/27/2011 12:00:06 PM PST by astyanax (Liberalism: Logic's retarded cousin.)
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To: SeekAndFind
It shouldn't antagonize Latino voters that are here LEGALLY!

I hope Kobach, puts the kibosh on illegal immigration

31 posted on 01/27/2011 12:00:58 PM PST by PATRIOT1876 (The only crimes that are 100% preventable are crimes committed by illegal aliens)
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To: Anitius Severinus Boethius

I am not convinced that the term “subject to the jurisdiction thereof” is equivalent to “having both (or one) feet inside the border thereof”.
This would be a superfluous clause as the state “having both (or one) foot inside the border thereof” is covered by the prior “All persons born or naturalized in the United States.”

This is a different statement of some of the opinions already posted.

One for the SCOTUS. Stay tuned.


32 posted on 01/27/2011 12:03:07 PM PST by PeteCat
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To: astyanax; Anitius Severinus Boethius
It was the courts that changed the original intent of the Amendment. A law is more than adequate to correct it.

Agreed.

Citizenship for the new born of illegal entrants was intitally based on a throw-away comment that appeared in a dissent (cite not at my fingertips).

Even the ambassador of Ireland was subject to the jurisdiction until the U.S. decided to grant him immunity. Obviously, everyone not specifically granted immunity is said to be subject to the jurisdiction. The most sensible interpretation is that "subject to the jurisdiction" did not mean subject to the obvious, but was clearly intended to mean subject to the "sole" jurisdiction.

Folks should not believe for a moment that illegal entrants are subject to the sole jusridiction of the U.S. If so, how is it the native country of an illegal entrant accepts them back when we deport them?

33 posted on 01/27/2011 12:03:56 PM PST by frog in a pot (We need a working definition of "domestic enemies" if the oath of office is to have meaning.)
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To: SeekAndFind

No, because they and their parents weren’t brought here as slaves.


34 posted on 01/27/2011 12:05:56 PM PST by jetson
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To: Anitius Severinus Boethius
Someone who crosses the border illegally is “subject to the jurisdiction thereof”.

No. They are legally subject to the jurisdiction of their home country.

35 posted on 01/27/2011 12:07:06 PM PST by IYAS9YAS (Rose, there's a Messerschmit in the kitchen. Clean it up, will ya?)
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To: astyanax

Thanks.......So Brennan and Kennedy killed America.

Good article by Ann. I’ll have to read more on Brennan.


36 posted on 01/27/2011 12:07:46 PM PST by Electric Graffiti (Crush your enemies, see them driven before you, and hear the lamentation of their Moonbats)
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To: PeteCat
“having both (or one) feet inside the border thereof”
LOL! I'm SURE that's what they meant when they said "and of the State wherein they reside."
;)
37 posted on 01/27/2011 12:07:46 PM PST by astyanax (Liberalism: Logic's retarded cousin.)
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To: SeekAndFind

Smith is born in America to illegal immigrants. He grows to adulthood and commits a federal crime. At trial, he pleads that he is “not subject to the jurisdiction” of the United States and must therefore be released, or at most deported.

How do you rule?


38 posted on 01/27/2011 12:13:05 PM PST by Grut
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To: An Old Man

For an old man, you are an idiot. Illegal aliens are NOT subject to our jurisdiction. They are not here legally. PERIOD. The are subject to DEPORTATION, however.


39 posted on 01/27/2011 12:13:35 PM PST by pissant ((Bachmann 2012 - Freepmail to get on/off PING list))
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To: Regulator
"Mr. Bush thought it was not a good bill."
Sigh. Yea, this could have been cleared up a long time ago. But a decade ago, the race card hadn't been played to death and was probably still a concern.

40 posted on 01/27/2011 12:18:06 PM PST by astyanax (Liberalism: Logic's retarded cousin.)
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