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To: calenel; All

Original intent of the 14th Amendment

The 14th Amendment to the U.S. Constitution reads in part:

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside."

Babies born to illegal alien mothers within U.S. borders are called anchor babies because under the 1965 Immigration Act, they act as an anchor that pulls the illegal alien mother and eventually a host of other relatives into permanent U.S. residency.

The phrase "subject to the jurisdiction thereof" was intended to exclude American-born persons from automatic citizenship whose allegiance to the United States was not complete. With illegal aliens who are unlawfully in the United States, their native country has a claim of allegiance on the child. Thus, the completeness of their allegiance to the United States is impaired, which therefore precludes automatic citizenship.

Supreme Court decisions

The correct interpretation of the 14th Amendment is that an illegal alien mother is subject to the jurisdiction of her native country, as is her baby.

Over a century ago, the Supreme Court appropriately confirmed this restricted interpretation of citizenship in the so-called "Slaughter-House cases" [83 US 36 (1873) and 112 US 94 (1884)]. In the 1884 Elk v.Wilkins case, the phrase "subject to its jurisdiction" was interpreted to exclude "children of ministers, consuls, and citizens of foreign states born within the United States." In Elk, the American Indian claimant was considered not an American citizen because the law required him to be "not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction and owing them direct and immediate allegiance."

The Court essentially stated that the status of the parents determines the citizenship of the child. To qualify children for birthright citizenship, based on the 14th Amendment, parents must owe "direct and immediate allegiance" to the U.S. and be "completely subject" to its jurisdiction. In other words, they must be United States citizens.

Congress subsequently passed a special act to grant full citizenship to American Indians, who were not citizens even through they were born within the borders of the United States. The Citizens Act of 1924, codified in 8USCSß1401, provides that:

The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe.

In 1889, the Wong Kim Ark Supreme Court case once again, in a ruling based strictly on the 14th Amendment, concluded that the status of the parents was crucial in determining the citizenship of the child. The current misinterpretation of the 14th Amendment is based in part upon the presumption that the Wong Kim Ark ruling encompassed illegal aliens. In fact, it did not address the children of illegal aliens and non-immigrant aliens, but rather determined an allegiance for legal immigrant parents based on the meaning of the word domicil(e). Since it is inconceivable that illegal alien parents could have a legal domicile in the United States, the ruling clearly did not extend birthright citizenship to children of illegal alien parents. Indeed, the ruling strengthened the original intent of the 14th Amendment.

The original intent of the 14th Amendment was clearly not to facilitate illegal aliens defying U.S. law and obtaining citizenship for their offspring, nor obtaining benefits at taxpayer expense.


890 posted on 12/07/2008 10:14:59 AM PST by BP2 (I think, therefore I'm a conservative)
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To: BP2
"In the 1884 Elk v.Wilkins case, the phrase 'subject to its jurisdiction' was interpreted to exclude 'children of ministers, consuls, and citizens of foreign states born within the United States.' In Elk, the American Indian claimant was considered not an American citizen because the law required him to be 'not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction and owing them direct and immediate allegiance.'"

Foreign diplomats are excluded by treaty. Indians are (were) excluded by treaty. Steinkauler (Perkins v. Elg, 1939) was a dual citizen and yet explicitly eligible to be POTUS:

"Young Steinkauler is a native-born American citizen. There is no law of the United States under which his father or any other person can deprive him of his birthright. He can return to America at the age of twenty-one, and in due time, if the people elect, he can become President of the United States; but the father, in accordance with the treaty and the laws, has renounced his American citizenship and his American allegiance and has acquired for himself and his son German citizenship and the rights which it carries and he must take the burdens as well as the advantages."

Incidentally, no mention of his mother is made; we do not know if she was an American at all, by birth or by naturalization.

One more point: Treaties are the Supreme Law of the Land [Article VI, paragraph 2]:

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

Since diplomats, by treaty, are not 'subject to the jurisdiction' of the US, and Indians, by treaty, are (were) not 'subject to the jurisdiction' of the US, this affects even Article II, Section 3 and the 14th Amendment. I don't believe that this applies the same way to illegal aliens. They have no protections by Treaty (that I am aware of, anyway). You cannot say 'legal diplomat vs. illegal diplomat' or 'legal Indian vs illegal Indian'. Diplomats have 'Diplomatic Immunity' and Indians (often) had a status that is akin to it (at the time of the 14th Amendment, the subsequent Citizens Act of 1924 notwithstanding). However, aliens do come in both 'legal' and 'illegal' and those are inherently jurisdictional terms. How can we enforce laws where we have no jurisdiction? That is why we cannot touch diplomats, yet fully one third of prisoners in CA prisons are aliens of both the legal and illegal variety.

894 posted on 12/07/2008 10:59:21 AM PST by calenel (The Democratic Party is a Criminal Enterprise. It is the Socialist Mafia.)
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To: BP2

Was Obama’s father an illegal alien? I didn’t think so.


920 posted on 12/09/2008 6:55:38 PM PST by Tublecane
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