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To: GrandEagle
clearly not Constitutional

Clearly according to who? I think there is nothing clear about it. There is lots of room for debate about the meaning of the clause in the Constitution: "AND subject to the jurisdiction thereof".

I don't hold myself out as an expert and I believe it is a gray area but I believe there is historical precedent with for example American Indians being deemed as not subject to our jurisdiction and that exception was created by an act of Congress and ended by an act of Congress and was never deemed unconstitutional. One established principle of our legal system is "consent of the governed". When people come here illegally they clearly have not consented to be governed by our laws and in fact have chosen deliberately to live here OUTSIDE of our legal system. I don't know if it is a ruling or adequately persuasive argument but I do know that just by saying the words "clearly not constitutional" does not make it so. Nothing clear about it and there would be no clear grounds for impeachment.

59 posted on 11/04/2005 6:38:26 AM PST by jackbenimble (Import the third world, become the third world)
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To: jackbenimble
OK, I'm not spoiling for a fight here. If an illegal is not "subject to the jurisdiction of" then we have no authority to arrest them, or do anything what so ever with them no matter what they did.
In times past, "subject to the jurisdiction or" is used to include territories and possessions of the U.S. government. This is necessary when the clause applies the them because the Constitution is an agreement between the states, and doesn't include possessions of the US government.
The 14th is very clear unless the Klinton rule "it depend what you mean by sex" rule is applied.
The 14th was never intended to provide cover for illegals to enter and stay. As another poster pointed out, it was intended to correct the issue of what to do with the newly freed slaves. Until then, the states determined who was a citizen. "We the people", for better or worse, have now given that authority to the Federal Government. I simply suggested we correct the wording so that "we the people" are protected from a Federal Government that refuses to do its job and protect our border.

Cordially,
GE
73 posted on 11/04/2005 6:50:38 AM PST by GrandEagle
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To: jackbenimble
I don't hold myself out as an expert and I believe it is a gray area but I believe there is historical precedent with for example American Indians being deemed as not subject to our jurisdiction and that exception was created by an act of Congress and ended by an act of Congress and was never deemed unconstitutional......

The right court would get rid of this disgraceful illegal alien loophole. The 14th Amendment can easily be interpreted as not applicable to illegal aliens and the babies they drop here.

Few other nations allow such easy citizenship for illegal alien intruders. We've been saps for far too long and word is out in the 3rd world about our nonexistent deportation policies

Workplace raids for illegal aliens were much greater under Bill Clinton!!

88 posted on 11/04/2005 7:04:33 AM PST by dennisw (You shouldn't let other people get your kicks for you - Bob Dylan)
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