Posted on 12/20/2001 9:29:58 AM PST by texson66
The 14th Amendment states:
Amendment XIV
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 1. Only persons born to citizens or naturalized citizens of the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.
The original version clearly was initially intended to help the population of the US grow. It is time to stop an influx of illegal immigrants, who come here pregnant, to have a US citizen on US soil so THEY can stay
What say ye, FReepers??
70. When the adoption of anyone shall have been confirmed by the Lords of the Nation, the Lords shall address the people of their nation and say: "Now you of our nation, be informed that such a person, such a family or such families have ceased forever to bear their birth nation's name and have buried it in the depths of the earth. Henceforth let no one of our nation ever mention the original name or nation of their birth. To do so will be to hasten the end of our peace.
And I'm equally sure it wasn't.
It is nonsensical to write a constitution protecting the rights of criminals and foreigners visiting our country.
How did the original colonists treat the British and the Hessians?
Help me out here; how much constitutional due process did they get?
Let's get real here...
They should have made it similer to the Laws of Adoption of the Constitution of the Iroquois Nations
70. When the adoption of anyone shall have been confirmed by the Lords of the Nation, the Lords shall address the people of their nation and say: "Now you of our nation, be informed that such a person, such a family or such families have ceased forever to bear their birth nation's name and have buried it in the depths of the earth. Henceforth let no one of our nation ever mention the original name or nation of their birth. To do so will be to hasten the end of our peace.
Did they have to say in Iroquoian? Or in the immigrant's language?
You obviously have little understanding of natural rights and the philosophical background for the American Revolution, Declaration of Independence, and the Constittution. The Constituion was written to protect natural rights from an over reaching government. Since everyone has natural rights, and the Constitution protects the natural rights of everyone, then everyone is protected. The Constitution did NOT give rights to citizens.
§ It allows people to gain citizenship through the commission of a crime.
§ It punishes people who are waiting to enter the country and gain citizenship legally by moving them further back.
The benefit that a family of illiterate, illegal aliens who have no allegiance to this country and no desire to assimilate or even learn English is dubious at best.
The fact that we leave this loophole accomplishes to patently unjust occurrences.
§ It allows people to gain citizenship through the commission of a crime.
§ It punishes people who are waiting to enter the country and gain citizenship legally by moving them further back.
The benefit that a family of illiterate, illegal aliens who have no allegiance to this country and no desire to assimilate or even learn English is dubious at best.
Well Said!
How did the original colonists treat the British and the Hessians?
Ummm, as invaders?
If we're going to start rewording that one, why not just get rid of the 16th AND 17th since they are both not in the spirit of the Founders either?
There is no way that our founders could forsee the problem of illegal entry on the part of millions of non-citizens. However, to repeal the 14th amendment and replace it with a new amendment is an exercise in futility because our present day political structure would kill the process in a thousand ways.
What could be easier without changing the amendment is to drive an interpretative decision through the courts based on the meaning of:
... and subject to the jurisdiction thereof, ...
Since illegal foreigners and their children are not subject to the jurisdiction of the United States, they should be deported back to the countries that do have jurisdiction.
Now legal foreigners who have a valid visa or permanent residence are subject to the laws and jurisdiction of the United States. They must have agreed to this prior to accepting their visa or residence status.
Yea right!
And made Geronimo the first president!
Your head dress fell off.
Right! But that's not the problem - it's those pregnant illegals who must be returned before they give birth.
Well, in the 1860's the original wording might have made some sense, but I still prefer my editing. In fact, my rewriting would not affect a US citizen in any manner other than to discourage illegal immigrants.
There is an interesting article about the 14th amendment and its origins and its impact on the power of the federal government. Note the last paragraph in particular 14thAmendment
Maybe you have a way to deprive criminals of rights while simultaneously ensuring these rights for everyone else?
Their rights are our rights. When theirs go, so go our own.
Everyone is innocent until proven guilty. Everyone has a right to due process before being subject to loss of life, liberty or property.
The moment due process, or any other right, is denied to a class of people, save those duly convicted, it is in jeopardy for all others.
Maybe you should consider just why these rights were reserved for everyone. The Founders didn't just make this stuff up. They saw history and its abuses and learned its lessons. I think those lessons are being forgotten in favor of convenience and expediency. A policeman's job is only easy in a police state. Some inefficiency in law enforcement is a natural result of Liberty, it is part of the price of freedom.
"He that would make his own liberty secure must guard even his enemy from oppression; for if he violates this duty he establishes a precedent that will reach to himself."
-Thomas Paine
How did the original colonists treat the British and the Hessians?
The Bill of Rights was a direct result of abuses suffered under them. How ironic and disengenuous to use them, of all people, as justification for abandonment of rights of the accused.
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