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Alan Dershowitz: Birthright Citizenship Is ‘Bizarre’
Breitbart ^ | 08/20/2015 | Jeff Poor

Posted on 08/20/2015 6:17:38 PM PDT by E. Pluribus Unum

On NewsMax TV’s “Prime” earlier this week, Harvard Law Professor Alan Dershowitz took on the current ongoing argument about the 14th Amendment and birthright citizenship, which has been raised in recent days over Republican presidential hopeful Donald Trump and his immigration policy that questions the citizenship of those born in the United States from parents here illegally.

Dershowitz said although it was technically constitutional for those born here not of U.S. citizens to be considered citizens, it defied logic but was unlikely to change in the short-term.

(Excerpt) Read more at breitbart.com ...


TOPICS: Mexico; News/Current Events; US: Florida; US: New York; US: Texas
KEYWORDS: 14thamendment; 2016election; alandershowitz; aliens; anchorbabies; anchorbaby; birthright; election2016; florida; fourteenthamendment; harvard; jebbush; marcorubio; mexico; newyork; ny; tedcruz; texas; trump; tx
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Evidently Alan only read the first clause.
1 posted on 08/20/2015 6:17:38 PM PDT by E. Pluribus Unum
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To: E. Pluribus Unum

A few years ago I would never have questioned birth-right citizenship, even for illegals. A few years before that I would have had a very laissez faire attitude about the wide-open border.

But when you have people coming across the border, to stay, millions per year, decade after decade, you have to get real. Its way past time we get real.


2 posted on 08/20/2015 6:23:24 PM PDT by marron
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To: E. Pluribus Unum

In order to understand it, one needs to be an American whose ancestors lived in New York hundreds of years ago rather than a generation or three.

http://publications.gc.ca/Collection-R/LoPBdP/BP/bp445-e.htm

CANADIAN CITIZENSHIP ACT
AND CURRENT ISSUES

Prepared by:
Margaret Young
Law and Government Division
October 1997
Revised August 1998

[...]

APPENDIX A

BIRTH ON A COUNTRY’S SOIL:
THE LAW IN SELECTED COUNTRIES(44)

Most people gain their citizenship at birth by means of one of two main legal systems. The first is the British common law system, under which citizenship is obtained by virtue of the place of birth — jus soli — regardless of the citizenship of the parents. The second is the tradition based on Roman law, which gives primacy to the citizenship of the parents — jus sanguinis, regardless of where the child is born.(45)


3 posted on 08/20/2015 6:24:28 PM PDT by familyop (We Baby Boomers are croaking in an avalanche of corruption smelled around the planet.)
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To: E. Pluribus Unum
This was the point, by the way.
Most people gain their citizenship at birth by means of one of two main legal systems. The first is the British common law system [after the English Civil War], under which citizenship is obtained by virtue of the place of birth — jus soli — regardless of the citizenship of the parents. The second is the tradition based on Roman law, which gives primacy to the citizenship of the parents — jus sanguinis, regardless of where the child is born.(45)



4 posted on 08/20/2015 6:27:22 PM PDT by familyop (We Baby Boomers are croaking in an avalanche of corruption smelled around the planet.)
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To: E. Pluribus Unum
it defied logic but was unlikely to change in the short-term

Nice, succinct summary why the country is now FUBAR.

We have been rich long enough for significant segments of the population-- especially the business and political elites-- to have become insulated (or even rewarded by) the consequences of their bad decision making that our public life becomes more and more irrational.

5 posted on 08/20/2015 6:33:02 PM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens")
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To: E. Pluribus Unum

Lord please let this trend towards sanity continue.


6 posted on 08/20/2015 6:36:46 PM PDT by skeeter
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To: E. Pluribus Unum

“Alan Dershowitz: Birthright Citizenship Is ‘Bizarre’”

It is. It’s like some couple breaks into your basement, lives there undetected for a time, then has a baby, and the baby is then ruled by law a member of your family.


7 posted on 08/20/2015 6:40:38 PM PDT by ETL (ALL (most?) of the Obama-commie connections at my FR Home page: http://www.freerepublic.com/~etl/)
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To: ETL

EXC analogy !


8 posted on 08/20/2015 6:54:50 PM PDT by sushiman
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To: E. Pluribus Unum
it’s in our Constitution and it would be impossible to amend the Constitution to change that

Boy, the Founding Fathers really dropped the ball! If only they had thought about adding language covering the topic of amending the Constitution!!

9 posted on 08/20/2015 6:57:48 PM PDT by ClearCase_guy (Cruz is still my #1, but Trump is impressing the hell out of me.)
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To: E. Pluribus Unum

Sure. Just like slavery is legal.


10 posted on 08/20/2015 7:06:42 PM PDT by <1/1,000,000th%
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To: ETL; sushiman; E. Pluribus Unum
It’s like some couple breaks into your basement, lives there undetected for a time, then has a baby, and the baby is then ruled by law a member of your family.

I like your analogy as well but it might be too generous in the sense that 'living there undetected for a time'....makes it sounds like the homeowner was just a clueless dolt who never went to the basement. How about the case where the homeowners go out for dinner one night and when they return, they find that someone has broken into their house and there is a crying newborn baby in their living room that is now a member of the family!

11 posted on 08/20/2015 7:23:59 PM PDT by hecticskeptic (In life it's important to know what you believeÂ….but more more importantly, why you believe it.)
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To: E. Pluribus Unum

And he thinks that the constructors of the 14th amendment were the dumbest people on earth (altho i thinkk they were progressive aka communists)


12 posted on 08/20/2015 7:28:59 PM PDT by kvanbrunt2 (civil law: commanding what is right and prohibiting what is wrong Blackstone Commentaries I p44)
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To: <1/1,000,000th%

Sure. Just like slavery is legal.
i hope you are saying that slavery is no where authorized in the constitution. only the counting for census of said persons


13 posted on 08/20/2015 7:31:48 PM PDT by kvanbrunt2 (civil law: commanding what is right and prohibiting what is wrong Blackstone Commentaries I p44)
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To: hecticskeptic
'living there undetected for a time'....makes it sounds like the homeowner was just a clueless dolt who never went to the basement.

Agreed, the "living there for a time" element wasn't necessary. It just had to have been long enough for the woman to give birth. As you imply, a few hours is all.

14 posted on 08/20/2015 7:33:47 PM PDT by ETL (ALL (most?) of the Obama-commie connections at my FR Home page: http://www.freerepublic.com/~etl/)
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To: E. Pluribus Unum

If you watch the Alan Dershowitz episode on PBS “Who do you think you are” Dershowitz claimed that his ancestors were in America illegally after they arrived. His comment to that was: “that’s why I am on the side of the illegal immigrants today.” Dershowitz has a dog in the fight.


15 posted on 08/20/2015 7:35:35 PM PDT by joemsewi
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To: E. Pluribus Unum

You know how we end anchor babies?

Jail their parents for being illegally trespassing then deport them and adopt out their newly born children to a loving set of CITIZEN parents!

This Anchor Baby crap would go away overnight!

Draconian, YES

Effective, HELL YES!

The babies would have their citizenship and they wouldn’t be able to chain migrate their birth parents in.


16 posted on 08/20/2015 7:48:58 PM PDT by GraceG (Protect the Border from Illegal Aliens, Don't Protect Illegal Alien Boarders...)
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To: kvanbrunt2

Dred Scott v Sanford 1857.


17 posted on 08/20/2015 8:06:15 PM PDT by <1/1,000,000th%
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To: <1/1,000,000th%

yes, men in black dresses. not the constitution


18 posted on 08/20/2015 8:20:19 PM PDT by kvanbrunt2 (civil law: commanding what is right and prohibiting what is wrong Blackstone Commentaries I p44)
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To: kvanbrunt2

I think we should ban licker but then it’s forever, right?


19 posted on 08/20/2015 8:33:33 PM PDT by tumblindice (America's founding fathers: all armed conservatives.)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; cardinal4; ColdOne; ...
Image and video hosting by TinyPic

"I Don't Need No Steeenkeeeng Constitution!"


20 posted on 08/20/2015 8:49:02 PM PDT by SunkenCiv (What do we want? REGIME CHANGE! When do we want it? NOW)
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