the US govt in the WH.... w/ an eager foreigner.
Posted on 08/18/2015 6:39:22 AM PDT by xzins
Critics claim that anyone born in the United States is automatically a U.S. citizen, even if their parents are here illegally. But that ignores the text and legislative history of the 14th Amendment, which was ratified in 1868 to extend citizenship to freed slaves and their children.
The 14th Amendment doesn’t say that all persons born in the U.S. are citizens. It says that “[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof” are citizens. That second conditional phrase is conveniently misinterpreted by advocates of “birthright” citizenship.
Critics erroneously believe that anyone present in the United States has “subjected” himself “to the jurisdiction” of the United States, which would extend citizenship to the children of tourists, diplomats, and illegal aliens alike.
But that is not what that phrase means. Its original meaning refers to the political allegiance of an individual and the jurisdiction that a foreign government has over that individual.
Sen. Lyman Trumbull, a key figure in the adoption of the 14th Amendment, said that “subject to the jurisdiction” of the U.S. included not owing allegiance to any other country.
Federal law offers them no help either. U.S. immigration law (8 U.S.C. § 1401) simply repeats the language of the 14th Amendment, including the phrase “subject to the jurisdiction thereof.” The State Department has interpreted that statute to provide passports to anyone regardless of whether their parents are here illegally ... birthright citizenship has been implemented by executive fiat, not because it is required by federal law or the Constitution.
We are only one of a very small number of countries that provides birthright citizenship, and we do so based upon an erroneous executive interpretation. Congress should clarify the law according to the original meaning of the 14th Amendment and reverse this practice.
(Excerpt) Read more at foxnews.com ...
That’s where good propaganda, tracking and reporting crimes by this group comes in.
It looks like you haven’t read the full article. The author cites a number of precedents and the legislative history of the Fourteenth Amendment to support his position.
When many of us say “the wall”, we mean controlling access to the country. There is the physical, high tech wall, but there’s also control of access via coasts, seaports, airports, visas, and work permits. That implies a function e-verify system, even though it isn’t said every time, because this is a long paragraph. “The wall” is shorthand for “controlled access to the country”.
According to the author "subject to the jurisdiction" is not a legal classification but a political one. If you are a citizen of another country then you are subject to their jurisdiction and not ours. So the it doesn't look like the children of foreign nationals born in the U.S. are citizens period, which would make Rubio and Jindal ineligible.
Are you subject to the jurisdiction of the US when in Germany?
Hopefully I won't get deported.
Simple argument... “subject to the jurisdiction” means allegiance to the sovereign. If it meant that someone bound by the laws could be punished for transgression, then it is superfluous and has no meaning—all persons in all places will be punished for transgressions of local laws. Are we citizens of the world, then? No. We are a sovereign nation whose foundations are rooted in the wisdom and common sense of the population to govern their representatives. The Constitution and its Amendments were not written with superfluous and meaningless language.
I wouldn’t be losing to much sleep at night.
In order to do something like those already born and issued citizenship will have to be grandfathered.
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No they will not...its never been settled law...
there’s a lot of murders in the US shall we grandfather in a right to murder ???
I'm not, but just to be on the safe side maybe I'll look into naturalization.
What I am saying is that if I was going to do one thing today, to stop this tide, it would be mandatory e-verify. You would have to expand the current system, but you could pull funding from the deferral spending and put it into the expanded system. The plus is that you don’t have to create a new system. It’s already there.
BUMP
No citizen of one country is a member of the territory or sphere of authority of another country. One may visit, but that visit doesn't make you a member of that society. That is why there are embassies and passports... to service the citizens of foreign sovereigns.
Your argument, and the argument of all jus soli proponents is one of schizophrenia... in making the argument that location of birth--and not the allegiance of the parents--takes precedence, you undermine the rest of international law and authority. Foreign diplomats who have children while on duty in our country are not birthing US citizens. The same is true of those who illegally enter.
The idea that legal status is defined by the accident of geographical position is ludicrous.
The illegals presence in the country is a Statement by Them that they are NOT subject to the jurisdiction; they should be taken at their word.
don’t be a silly..
If your great grandfather (ggf) were not citizens at the time of your grandfather’s birth but became American citizens later, the wife and the child already born automatically became citizens too..
For what reason would your ggf not become a citizen ??? or your ggm if it was after the date the law changed to have women become citizens in their own right...
suppose your ggf and ggm if applicable became citizens at some time then the grandfather is now a citizen able to pass on that necessary jurisdiction to his children...
If the ggf and ggm were citizens BEFORE the child was born then the child is born an NBC...
consider, at the time your ggp came here it was an honor and privilege to be an American citizen, why wouldn’t they become one ???
Ludicrous, perhaps. But that is the way it is currently. Changing the 14th is what is needed to end birth right citizenship.
At least you'll ace the US History test.
I absolutely agree with you on e-verify.
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