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1 posted on 08/18/2015 6:39:22 AM PDT by xzins
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The 14th amendment clearly says “subject to the jurisdiction”. Therefore, Congress can move on this without any amendment. Good news.

Now, let’s have them do it.


2 posted on 08/18/2015 6:39:37 AM PDT by xzins (Don't let others pay your share; reject Freep-a-Fare! Donate-https://secure.freerepublic.com/donate/)
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To: xzins

This piece serves to reinforce that which all here already knew


3 posted on 08/18/2015 6:43:08 AM PDT by Michael.SF. (This tagline lists all of Hilary's accomplishments............................)
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To: xzins; Liz; AuntB; La Lydia; sickoflibs; stephenjohnbanker; Tolerance Sucks Rocks; ...

YES !!!


4 posted on 08/18/2015 6:43:28 AM PDT by Tennessee Nana
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To: xzins
The Ingles case in 1830 (before the 14th amendment) and the Ark case in 1898 (after the 14th) both confirmed the idea of jus soli in the face of this exact same argument. Sorry. There are several Supreme Court decisions that find the opposite of this proffered opinion. What to change it? Amend the Constitution.
7 posted on 08/18/2015 6:47:36 AM PDT by Anitius Severinus Boethius (www.wilsonharpbooks.com - Sign up for my new release e-mail and get my first novel for free)
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To: xzins

I agree with this interpretation of “... and subject to the jurisdiction thereof ...”.

But we need some legal-eagle Freeper to give us a little insight into the way the Supreme Court of Our Masters has interpreted the 14th.

I’m betting that news will not be good.


8 posted on 08/18/2015 6:49:18 AM PDT by InterceptPoint
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To: conservativejoy; Jane Long; Black Agnes; maggief; RoosterRedux; V K Lee

Have heard this opinion before (in Jr high civics class)


10 posted on 08/18/2015 6:51:40 AM PDT by hoosiermama
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To: 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.


One of those critics is Michael Medved. Made me sick listening to that GOPe shill yesterday.


11 posted on 08/18/2015 6:52:20 AM PDT by cuban leaf (The US will not survive the obama presidency. The world may not either.)
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To: xzins

Spakovsky is a very good writer and luminary. I respect his opinions and findings immensely.

He’s absolutely right about this. But again as with other amendments, the writing of the amendment is poor because there is never any authority delineated to determine and execute certain phrases. The phrase ‘subject to the jurisdiction thereof’ can only be enforced by a government body and no government body is specified. State offices issuing birth certificates have defaulted to issuing BCs for any child born on American soil. There are no statutes that require state offices to determine how to execute and enforce the phrase ‘subject to the jurisdiction thereof’.

When new amendments are drafted, especially from the forthcoming Article V Convention of States, the drafters must think and work to write enabling language to each proposed amendment. Otherwise, abuse of new amendments will surely ensue regardless of the amendment’s meaning and intent. The 14th Amendment is a prime example of how certain groups take advantage of poorly crafted words by ignoring certain phrases or by injecting new meaning and intent in derived rulings.


12 posted on 08/18/2015 6:52:53 AM PDT by Hostage (ARTICLE V)
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To: xzins

... subject to the jurisdiction thereof...


And if you are here illegally, you are not. You are here against the laws of our country.


14 posted on 08/18/2015 6:53:32 AM PDT by cuban leaf (The US will not survive the obama presidency. The world may not either.)
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To: xzins

Yet children of diplomats are not extended citizenship.


17 posted on 08/18/2015 6:54:19 AM PDT by umgud
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To: xzins

The 14th is very clear about birthright citizenship. I dont agree with it but to change it, it will require a change to the 14th amendment.

I preference would be a meritocracy where there are different rights for different people based upon the individual earning those rights. As Heinlein postulate in Starship Troopers, “Service brings citizenship.”

At the top would be a citizen who has full rights. Then there would be residents who do not have full rights (voting only in state elections, not allowed to serve as an officer in the government, etc) but retain many rights. Then there would other classification for aliens, prisoners and slaves (yes I said slaves), each with fewer rights.

Before everyone gets their panties in a wad, slaves would be limited to those who have been convicted of a crime and sentenced to either death or life without parole. Those slaves would not have but a very few rights (no voting, no property ownership, etc).

[flame suit on]


18 posted on 08/18/2015 6:56:40 AM PDT by taxcontrol
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To: xzins
I think this is like hoping to find obama's birth certificate.

I'm pretty sure the federal courts (possibly the SCOTUS) have ruled that birthright is the law. Over turning precedent with judges that always lean to the left will be impossible. Also, the courts will never allow USA citizens that have committed no crimes to be deported.

Getting a constitutional amendment won't happen. The Rats control too many states and seats.

In order to get anything done on immigration, other than by executive fiat, we are going to have to figure out what to do with the illegal alien parents of children born here. Can we deport them if the children are 18 and older?

19 posted on 08/18/2015 6:56:47 AM PDT by wmfights (a stranger in a hostile and foreign land that used to be my home)
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To: xzins
“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.”

--Senator Jacob Howard, co-author of the citizenship clause of the 14th Amendment, 1866.

20 posted on 08/18/2015 6:58:38 AM PDT by pgyanke (Republicans get in trouble when not living up to their principles. Democrats... when they do.)
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To: xzins
Correctly interpreted, the 14th Amendment is just cause to remove every Muslim in the United States and ship them to the Muslim nation of their choice,at their expense, regardless of their natural born status in the United States.

It will never happen of course, because our "leaders" are either too dam! stupid to recognize Islam for what it is, or are too concerned about the politics, or both.

21 posted on 08/18/2015 6:59:24 AM PDT by jimbug
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To: xzins; Liz; AuntB; La Lydia; sickoflibs; stephenjohnbanker; Tolerance Sucks Rocks; ...

Read all the article...


22 posted on 08/18/2015 6:59:27 AM PDT by Tennessee Nana
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To: Spaulding; Red Steel; DoodleDawg; STE=Q

A new thread that might be of interest ping....

Birthright Citizenship — A Fundamental Misunderstanding of the 14th Amendment

http://www.freerepublic.com/focus/f-news/3326031/posts


23 posted on 08/18/2015 7:00:41 AM PDT by Las Vegas Ron ("Medicine is the keystone in the arch of socialism" Vladimir Lenin)
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To: xzins

If Trump adds to his immigration policy to STRIP all anchor babies of citizenship, there would be no reason to have a primary. I’ll work on his campaign.


25 posted on 08/18/2015 7:01:58 AM PDT by Salvavida (The restoration of the U.S.A. starts with filling the pews at every Bible-believing church.)
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To: xzins
But that is not what that qualifying phrase means. Its original meaning refers to the political allegiance of an individual and the jurisdiction that a foreign government has over that individual. The fact that a tourist or illegal alien is subject to our laws and our courts if they violate our laws does not place them within the political “jurisdiction” of the United States as that phrase was defined by the framers of the 14th Amendment.

So if non-citizens are not under the jurisdiction of the U.S. and their children cannot become citizens at birth then what is the status of the child in question? The obvious implication is that they are not a citizen. So if they continue to live in the U.S. but never go through the naturalization process then wouldn't that mean that their children could not be citizens either?

35 posted on 08/18/2015 7:14:46 AM PDT by DoodleDawg
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To: xzins

Remember that it came out in the years following the civil war.


45 posted on 08/18/2015 7:28:28 AM PDT by Biggirl ("One Lord, one faith, one baptism" - Ephesians 4:5)
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To: xzins

I thought you didn’t have allegiance to a Soveriegn until you took an oath to the same.
When have the illegal taken an oath to the United States?


56 posted on 08/18/2015 7:39:32 AM PDT by ballplayer (hvexx NKK c bmytit II iyijjhihhiyyiyiyi it iyiiy II i hi jiihi ty yhiiyihiijhijjyjiyjiiijyuiiijihyii)
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