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To: ydoucare
If you have a problem with the Jus Soli doctrine of citizenship, then you have a problem with the US Constitution. There is no question that the US Constitution, specifically the 14th Amendment, provides for Jus Soli citizenship. That is accepted and well settled citizenship law in the US, and has been for over 100 years. Read the SCOTUS case, Rogers v. Bellei.

It is a pernicious British Common law that has not been successfully excised from the American legal mindset. It was so abhorrent that the Legislature of New York passed a specific law rebuking it after a New York judge interpreted New York's lack of a citizenship law as requiring the application of English Common law to remedy a case.

It is the job of SCOTUS to apply the Constitution to the fact situation presented to them. It not their job to apply what they think is the right thing to do. That is the mentality of liberal activist judges.

Fine, then stop trying to use a Slavery Citizenship law to rewrite presidential qualifications. It did no such thing.

For someone who claims to be a conservative, you seem to have a lot of problems with the Constitution.

No, I have problems with the LYING about what it says and what it means. You know, what YOU people have been doing. The 14th amendment does not create a right to abortion, nor does it make citizens out of transient alien's children, and that is even if you grant it the credibility which it doesn't really deserve; having been foisted on the nation at gun point.

437 posted on 10/17/2011 1:00:10 PM PDT by DiogenesLamp
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To: DiogenesLamp
The primary building block of US jurisprudence is British common law. That is a historical fact and there is no way around that fact.

You need to read the text and plain language of the 14th Amendment. The first sentence of the amendment reads “All persons born or naturalized in the United States, and subject to the jurisdiction thereof are citizens of the United States...” There is zero language that limits the language or any provision of the !4th Amendment to slaves or slavery. In fact, it would be a liberal, activist judge who would read and interpret the language to the meaning you want. I suggest you read the entire opinion in the Wong Kim Ark v. USA case to fully understand this issue. SCOTUS takes the approach of Justice Scalia (a literalist, textual reading of the language of the law in question) in it's decision. It does not read words into the amendment that do not exist, such as you advocate.

It appears that your problem is with the authors of the amendment and the broad language they used, rather than to the individuals who are charged by the US Constitution to apply the language to our country's jurisprudence.

If you don't like the 14th Amendment and it's application, then your remedy is to organize to ratify an amendment to overturn the provision(s) you do not like, such as was done to prohibition.

444 posted on 10/17/2011 1:42:43 PM PDT by ydoucare
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