To: HiJinx
I would hope that any new immigration plan would include a provision that denies automatic citizenship to the babies born here of non-citizen parents. That citizenship is based on a clause in the 14th Amendment to the Constitution. What's that tell you?
That my Constitutional Law professor is re-thinking my grade! Now is the time for those maveric justices to re-interpret our Constitution. Perhaps the citizenship of children of non-citizens (i.e., both parents being non-citizens) would be denied because of failure of jurisdiction? 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.
156 posted on
11/10/2004 2:10:03 PM PST by
fetts
(Silence in the face of evil is appeasement.)
To: fetts
Chuckling...I was just thinking that as long as the current interpretation is that the 14th Amendment confers citizenship to the children of illegals, a 'plan' or even a law won't be able to reverse that.
Won't we need to actually address the 14th Amendment?
167 posted on
11/10/2004 2:14:35 PM PST by
HiJinx
(Support Our Troops ~ www.ProudPatriots.com)
To: fetts
Well he might be lowering your grade!
The Court, sadly, resolved this issue in Plyler v. Doe, holding that illegal aliens are subject to our jurisdiction by being here. In doing so, the Court further held that they were entitled to "equal protection" and permitted those illegal aliens to be granted free k-12 public education. In fact, Plyler v. Doe makes it illegal to require proof of citizenship before entering a public school at that grade level. (I am not talking about children born here of illegals,m I am talking about illegal children).
Thus -- the 1982 Supreme Court case has answered your jurisdiction question, and further imparted not just the "protections" of the 14th Amendment, but it provided to illegals the benefits of citizenship. This is unquestionably, one of the worst and most consequential Supreme Court decisions in the last 40 years.
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