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To: GOPGuide

"The drafters of the 14th amendment during congressional deliberations on the amendment EXPLICITLY said that the 14th Amendment does not grant citizenship simply because you are in the borders of the United States."

Legislative history is interesting, like the Federalist Papers. But it is only advisory.
What is written down and passed as law is the only thing that actually IS law, and is binding. The 14th Amendment on its face applies the lex solis. I'd expect that any effort to simply legislate that away would be struck down by the Courts as unconstitutional.


145 posted on 11/04/2005 8:38:50 AM PST by Vicomte13 (Et alors?)
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To: Vicomte13

"What is written down and passed as law is the only thing that actually IS law, and is binding."

But you don't understand how "jurisdiction" is defined in law. Jurisdiction is DEFINABLE by Congress. For example, Congress has full authority to pass laws regulating interstate or not regulating commerce depending on how they define goods that are "subject to the Jurisdiction of the United States".

In the case of the 14th amendment, Congress also has full authority to define "Subject to the Jurisdiction" as applying only to people lawfully present within American territory. Likewise, they can define Jurisdiction to mean anyone born in the US regardless of lawful presence is under US "Jurisdiction".

"I'd expect that any effort to simply legislate that away would be struck down by the Courts as unconstitutional."

Congress can take away Federal and Supreme Court "Jurisdiction" to review birthright citizenship changes as per Article III Section 2 of the Constitution.

For example, the Congress last year took away the Federal and Supreme Courts "JURISDICTION" to review a bill that blocked people from being able to sue Gun manufacturers under certain circumstances. That law is now completely unreviewable by any Federal Court.

The same thing can be done to any bill denying birthright citizenship, and there is no Court that could strike down that bill IF Congress wants to do this.

If anyone thinks this law is unconstitutional, the only way to change it would be for the people to vote in Legislators that will restore birthright citizenship to Illegals.


162 posted on 11/04/2005 9:00:22 AM PST by GOPGuide
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