Posted on 08/18/2015 9:17:08 AM PDT by jimbo123
Shortly after Donald Trump released his immigration policy proposal on Monday, Wisconsin Gov. Scott Walker assured reporters that he agreed with Trump's opposition to "birthright citizenship." The Huffington Post did a quick count and figured that at least five other 2016 Republicans did, too.
"Birthright citizenship" is the idea, introduced in the 14th Amendment, that people born on American soil are automatically American citizens. As Wonkblog's Max Ehrenfreund noted on Monday, there are likely only two ways that the practice could be overturned.
The first would be to somehow convince the Supreme Court to overturn the 1898 ruling, United States v. Wong Kim Ark, which established how the 14th Amendment would be enforced. The first clause in the amendment states that "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."
Ratified in 1868, the clause was meant to ensure that freed slaves were considered American citizens. Wong was born in San Francisco to Chinese parents, which the Court ruled was sufficient to make him a citizen.
(Excerpt) Read more at washingtonpost.com ...
That only applies to fascist lib tyrants for whom mean Republican Congresses fail [occasionally] to immediately accede to their every dictatorial whim, according to the ComPost.
Words that are treated as if they have no meaning. Sort of like "...shall not be infringed."
This is about another Supreme Court ruling:
Over a century ago, the Supreme Court correctly confirmed this restricted interpretation of citizenship in the so-called ‘Slaughter-House cases’ [83 US 36 (1873)] and in [112 US 94 (1884)]. In Elk v.Wilkins, the phrase ‘subject to its jurisdiction’ excluded from its operation ‘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.’
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:
Consider all border maternity wards as Mexican foreign embassy territory. I like your thinking on this!
Every year, 300,000 to 400,000 children are born to illegal immigrants in the United States. Despite the foreign citizenship and illegal status of the parent, the executive branch of the U.S. government automatically recognizes these children as U.S. citizens upon birth. The same is true of children born to tourists and other aliens who are present in the United States in a legal but temporary status. Since large-scale tourism and mass illegal immigration are relatively recent phenomena, it is unclear for how long the U.S. government has followed this practice of automatic “birthright citizenship” without regard to the duration or legality of the mother’s presence.
Eminent legal scholars and jurists, including Professor Peter Schuck of Yale Law School and U.S. Court of Appeals Judge Richard Posner, have questioned whether the 14th Amendment should be read to mandate such a permissive citizenship policy. Nevertheless, the practice has become the de facto law of the land without any input from Congress or the American public.
Advocates of maintaining this citizenship policy argue that the plain language of the Citizenship Clause of the 14th Amendment protects automatic birthright citizenship for all children born to illegal and temporary aliens. However, several legal scholars and political scientists who have delved into the history of the 14th Amendment have concluded that “subject to the jurisdiction thereof” has no plain meaning and that the executive branch’s current, broad application of the Citizenship Clause may not be warranted.
The overwhelming majority of the world’s countries do not offer automatic citizenship to everyone born within their borders. Over the past few decades, many countries that once did so — including Australia, Ireland, India, New Zealand, the United Kingdom, Malta, and the Dominican Republic — have repealed those policies. Other countries are considering changes.
In the United States, both Democrats and Republicans have introduced legislation aimed at narrowing the application of the Citizenship Clause. In 1993, Sen. Harry Reid (D-Nev.) introduced legislation what would limit birthright citizenship to the children of U.S. citizens and legally resident aliens, and similar bills have been introduced by other legislators in every Congress since. The current Congress saw the introduction by Rep. Nathan Deal (R-Ga.) of the “Birthright Citizenship Act of 2009,” which so far has gathered nearly 100 sponsors.
14th Amendment history seems to indicate that the Citizenship Clause was never intended to benefit illegal aliens nor legal foreign visitors temporarily present in the United States.
The U.S. Supreme Court has held that the U.S.-born children of permanent resident aliens are covered by the Citizenship Clause, but the Court has never decided whether the same rule applies to the children of aliens whose presence in the United States is temporary or illegal.
Some eminent scholars and jurists have concluded that it is within the power of Congress to define the scope of the Citizenship Clause through legislation and that birthright citizenship for the children of temporary visitors and illegal aliens could likely be abolished by statute without amending the Constitution.1
Nothing is impossible unless your never try it.
If we don't deport these illegals then they will move the country more toward the left(socialism). Socialism hurts everyone. Government/socialism has grown every year at every level for 110 years. importing a million leftist voters from the 3rd world every year as we have been will lead us into the abyss
When have politicians not grown government or did anything for Americans? never
There’s nothing to it. Executive order saying “We’re not going to honor birth citizenship for illegals. I’m hereby ordering the district attorney to prosecute these. Have a nice day!” Obammy has already set the precedent. Just go with the established order and process.
I’ll take somebody who tries over some guy who won’t because he’s controlled by special interests that profit from cheap labor, but thanks.
I heard lots of MSM saying Trump’s plan costs too much.
That may be true, but its a one time charge.
First in 2006 the Congress OK’d 1.5 billion to build the border fence. Never spent it.
Every year the Fed pay illegals welfare, food stamps etc. Mexico teaches them how to beat our laws to get bennies.
Here in Vegas we educate every year over 100,000 illegals at a cost of $15,000 a pupil, plus building extra schools. Our states performance in education is poor.
Illegals have per class census at 34 students per class.
Illegals in jail, awaiting trial, we pay to feed, guard and cloth them.
They take American jobs while 95 million Americans are out of work force, unemployed , record numbers on food stamps and welfare.
We are bankrupt. Most illegals are not paying taxes.
Our hospitals are going bankrupt because they are mandated to treat the poor, and illegals are costing us billions since ER is their doctor.
So your choice is a one time charge to build a wall with money already allocated , and then chase the illegals out.
And that is easy. Tell them if they leave voluntarily before the wall goes up, they are free to leave without being arrested , getting a criminal record.
Just watch them self deport, the highway traffic jams going towards San Diego border.
“The media motto :”Repeat a big lie often enough and people will believe it””
Apt description of the SCOTUS!
Excellent read on history of issue can be found at this link - http://www.federalistblog.us/2007/09/revisiting_subject_to_the_jurisdiction/
Reminder - “illegal alien” is defined in U.S. Code; “undocumented immigrant” is a fiction of the lame scream media. And the U.S. is among the very, very small minority of countries who practice jus soli.
Horsefeathers!!!
Just a thought. Look at Trump’s website for the Trump Organization. If you can avoid jealousy, covetousness or envy consider what the guy has built and what he has to lose and how much at risk he is. He borrowed money to build all of this. The organization manages all the properties and the 20,000 employees it takes to keep them up. He also has to manage the construction of all this stuff on a global basis. He makes it look easy and it is not.
By taking his stance on immigration he stands to alienate every person working for him. I doubt very much that they are slaves and don’t have a choice but to work for him. Sure they need a job but working for him must be a better job than they can get some place else. Some of them probably even like working for him because it pays well, much is expected and rewarded.
Each one of these properties is very visible, prominent and caters to people who have money. Each one of them is a target now and each one of them becomes more of a target if he makes anyone angry at him... and he will, he has already.
He is staking all he has built right now including his wealth and safety. More than any other candidate. He is gambling huge. He believes in going big or not going at all. I seriously doubt many of us would have the courage to put as much at risk on a proportional scale to our own wealth. He knows what he is doing. He is not stupid and he has thought this out.
I’ll wager that his bankers are sweating bullets or are backing him to the hilt.
It’s actually quite possible. Unfortunately the corporatist elite’s business models now require an unlimited supply of foreign and preferably illegal labor so they will do everything they can to prevent the current bogus interpretation from being overturned.
The author is a fool. All you need is Congress to pass a law and president Trump to sign it. PLus if Trump is really dedicated there are many ways to nullify-negate birthright citizenship. Such as prohibiting states from issuing birth certificates to illegal aliens. A really dedicated president with a reasonable Congress can kill this anchor baby law in a few months. After Lots of debate and hand wringing
*snicker*
Amazing they leave that part out every single time !
Seems to me that the far simpler approach will be to rigidly enforce e-verify with big jail terms for business owners ( and their legal advisors ) who violate it. When the jobs ( yobs ) dry up, they will go home provided that the welfare benes are cut off at the same time.
The other thing will be to “streamline” the deportations due to visa overstays. There is absolutely no legal precedent for any judicial “hearing” before these people are dropped off at the nearest Mexican border station. And for those who are not actually from Mexico, we should inform the Mexican “government” that these people are their problem since they allowed them to transit their country from Central America and points south, so it’s their problem to see to it that they go all the way “home.”
And similarly, there should be no “lengthy hearing” necessary for anyone who has previously been deported before jailing them for violating Kate’s Law.
We don’t need “comprehensive” immigration reform, we simply have to enforce the laws already on the books. Every time I hear the word “comprehensive,” my sphincter tightens because I know what’s coming.
And Jim. may I add my thanks for what you have done in the cause of freedom!
Wong was born to Chinese parents here LEGALLY.
U.S. vs Kim Wong Ark needs to be retested. It was probably not a correct finding. I don’t say that alone... a huge group of legal scholars say this.
The 14th never intended or anticipated the way it is being used as a smoke screen. The SCOTUS has already said that if the people don’t like the law they can change it... any law. What has been made by man can be unmade by man. Things change. The 18th Amendment was repealed by the 21st Amendment. All it takes is the will to do it though I don’t even think it is necessary because I and others much more knowledgeable than I believe it has been blatantly mis-applied.
This was written as a reconstruction Amendment to give freed slaves and their children citizenship... not to open the door to anyone with a bun in the oven who can slip in and dump a baby in our country.
Section 1. 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
We can do this...
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