This issue will not be decided until a clear interpretation of the 14th Amendment has been codified by the United States Supreme Court.
But bear in mind that the Court cannot just issue opinions "out of the air". There must be cases before it upon which it will rule.
I think the Court could be forced into doing so. Here's how:
This will require the cooperation of sympathetic civic officials in one or more states (hopefully 3 in separate U.S. Federal Districts) who are absolutely willing to go to the mat on the issue and who will not lose their resolve as the case progresses through the court system. (As an aside, the Court might choose to ignore a "test case" from a single district, but would probably not be able to do so if cases sprung up from multiple districts.)
Here's how such test cases would be ignited:
I am _presuming_ that for births, birth certificates are issued by the city, municipality, or other governmental authority that has jurisdiction over the location where a birth occurs. Since big-city governments are "illegal friendly", I would think the test cases would have to be ignited from rural areas or small cities that are having problems with illegals.
What must be done is, when a birth occurs to someone who is apparently illegal, authorities must question her. If she admits to being illegal, they must issue a birth certificate that specifically states that the newborn shall not be considered an American citizen. The certificate should clearly state something to the effect of, say, "non-citizen birth on American soil".
Of course, the issuance of a "non-citizen birth certificate" will be immediately challanged by civil rights groups, perhaps even by government officials on higher levels. This is to be expected.
The local officials must stand their ground, for - of course - they will be brought to court. And thus, the case (hopefully, multiple cases) will be generated, and progress through the system.
We will almost certainly lose at the trial level, but again, this is to be expected, and welcomed, for we WANT the issue to be appealed "upward".
And we must keep the heat up as the case progresses through the courts. With each loss, we must keep pushing it higher, and eventually, it will reach the high court.
I would not be foolish enough to speculate on how the Court would rule. But it has ruled in previous instances that _some_ babies born on American soil are NOT citizens (i.e., births to foreign diplomats).
I think we have a fighting chance to win. Even if we lose, it will clarify the issue once and for all, and perhaps the loss, combined with increasing anger about the illegal flood from native Americans will force Congress to consider a Constitutional Amendment to correct the 14th Amendment.
I have yet to see posted by ANYone a solution on how to correct the wrongly-interpreted 14th Amendment. I believe that the course I have outlined above - the ad-hoc issuance of "non-citizen" birth certificates, and the Court test that would follow - could do just that. (Remember, you read it here first!)
- John
I think that is the correct interpretation of the issue, and the only non-legislative path to correcting the practice. There is SUCH cost to the issue to taxpayers, a constant drumbeat of just how much EACH taxpayer is suffering at the hands of the illegals' benefits that it has to become openly repeated over and over to garner massive support.
Thanks.
(Maybe someone will READ your post and act to implement a plan like that.