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On Citizenship, the ‘Birthers’ Are Right: Constitution, Tradition, favor Birthright Citizenship
National Review ^ | 08/22/2015 | John Yoo

Posted on 08/22/2015 7:31:37 AM PDT by SeekAndFind

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To: M-cubed

subject to the jurisdiction thereof clearly refers to diplomatic staff. Illegals either have the immunity of diplomatic staff or they are subject to the jurisdiction of the Feds and States. Clearly from 1787 to present EVERYONE not in diplomatic staff is and has been under the jurisdiction of the Feds and States.

Claiming illegals have diplomatic immunity is absurd. But that is where some are going with the dimplomatic immunity language.

Trump is no more a Constitutionalist than Obama. They are alike in that they both think the winner can do whatever with no regard to what people thought 100 or 227 years ago.


81 posted on 08/22/2015 9:47:46 AM PDT by spintreebob
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To: Hostage
Let Congress pass a law to clarify that anchor babies are not subject to US jurisdiction because their parents are not subject thereof as they are illegally in the USA for otherwise the provisions of deportation would contradict the law.

So if one of their parents commits a murder we can't prosecute and punish, only deport?

82 posted on 08/22/2015 9:47:50 AM PDT by semimojo
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To: pleasenotcalifornia

Exactly!


83 posted on 08/22/2015 9:49:00 AM PDT by TBP (Obama lies, Granny dies.)
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To: alloysteel
The difference is, that the Chinese parents had been within the United States territory for purposes of permitted labor, then had returned to China when the work ended, taking with them the children born here.

it was Bill Buckley himself who pointed out that liberals usually fail to make critical distinctions. Well, this is an example from his own magazine.

The critical distinction here is between the child of legal immigrants (who went home after their visa expired) and the children of illegal immigrants, those whose very presence here is illegal. It's one thing to argue that the birth of a child to a to an alien LEGALLY present in our country confers citizenship; it's entirely another to argue that this same principle applies to one who is here ILLEGALLY!

84 posted on 08/22/2015 9:53:17 AM PDT by TBP (Obama lies, Granny dies.)
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To: Petrosius
This will not, of course, include persons born in the United States who are foreigners, aliens...

Then how can Marco Rubio or Bobby Jindal be citizens? Much less natural born citizens?

85 posted on 08/22/2015 9:55:04 AM PDT by DoodleDawg
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To: DoodleDawg
Then how can Marco Rubio or Bobby Jindal be citizens? Much less natural born citizens?

Their parents were legal residents and therefore subject to the jurisdiction of the U.S.

86 posted on 08/22/2015 10:13:51 AM PDT by Petrosius
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To: SeekAndFind
John Yoo is the Emanuel S. Heller Professor of Law at the University of California at Berkeley

Yoo betcha

87 posted on 08/22/2015 10:17:21 AM PDT by Dr.Deth
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To: TBP
The critical distinction here is between the child of legal immigrants (who went home after their visa expired) and the children of illegal immigrants, those whose very presence here is illegal

Except at the time the 14th was written there was no such thing as an illegal immigrant. After the fact we can try to guess how the amendment might have been worded differently, but as it stands the language doesn't draw any distinction.

88 posted on 08/22/2015 10:21:23 AM PDT by semimojo
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To: DoodleDawg

But .. don’t both of them have one parent/or both who are already citizens ..??

I’m asking because I don’t know the answer.


89 posted on 08/22/2015 10:22:22 AM PDT by CyberAnt ("The fields are white unto Harvest")
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To: OKSooner; Sir Napsalot

My guess - he meant “decimated “.


90 posted on 08/22/2015 10:23:15 AM PDT by aquila48
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To: pleasenotcalifornia; SeekAndFind

According to Mexican law a child born abroad to Mexican citizens is a Mexican national.


91 posted on 08/22/2015 10:25:54 AM PDT by aquila48
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To: semimojo
This is the distinction that I've never heard Levin address. <<

How about “intent”...The fact as u state... “ Resident aliens (there was no such thing as an illegal alien at the time)” begs the question of why... “AND” subject to the jurisdiction is there for a reason.... as it is clearly applied to Indians and diplomats with out naming them....common sense would put anchorbabys in that same category of the times and again.... "intent'

92 posted on 08/22/2015 10:28:38 AM PDT by M-cubed ( Their hope is to find a way to pick a nominee who, if elected, would actually stay the course the w)
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To: SeekAndFind

The Philippines are an odd sort of duck.

Once a territory of the US (much like Hawaii and Puerto Rico), the natives of the Philippines were, at one time, US subjects, and until the Philippines were given independence in 1946, all citizens of the Philippines were automatically US citizens when they entered US proper.

This sort of went away with independence, but Filipinos were still given preference on entering and applying for citizenship in the US, such as it was. Service in the US military service was enough to establish the necessary residency requirements (but that holds for ALL foreign nationals who enter the US legally).


93 posted on 08/22/2015 10:33:24 AM PDT by alloysteel (If Stupidity got us into this mess, then why can't it get us out? - Will Rogers.)
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To: spintreebob

clearly refers to diplomatic staff.<<<......HUH??

...where did u find that written??...source please...how about Indians at the time?


94 posted on 08/22/2015 10:33:40 AM PDT by M-cubed ( Their hope is to find a way to pick a nominee who, if elected, would actually stay the course the w)
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To: M-cubed

Indians are in their own sovereign country when on the reservation of the 14th Amendment time. When Indians are off the reservation in the US they are under the jurisdiction of the Feds and States, just like you and me. (actually who has “jurisdiction” over what and whom on a reservation depends on the language of the treaty, etc. Not all reservations are the same.)


95 posted on 08/22/2015 10:55:50 AM PDT by spintreebob
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To: SeekAndFind

John Yoo? Is he an anchor baby or does he have one?

Sure sounds like it.

His article is misleading at best... Intentionally dishonest probably.

The 14th as the vehicle and US v Ark are nothing but smoke screens to a lie.


96 posted on 08/22/2015 10:57:57 AM PDT by Sequoyah101 (It feels like we have exchaned our dreams for survival. We just have a few days that don't suck.)
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To: SeekAndFind
Funny how USC 8 §1401. "Nationals and citizens of United States at birth" isn't even in the mix like it was on the NBC threads.

Oh, wait...

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;

Nevermind.
wink

97 posted on 08/22/2015 11:07:24 AM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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To: Sequoyah101

RE: John Yoo? Is he an anchor baby or does he have one?

John Yoo was born in South Korea. His parents migrated LEGALLY to the USA.

He is a NATURALIZED American Citizen. SO the answer to the question is ‘No’.


98 posted on 08/22/2015 11:11:18 AM PDT by SeekAndFind (qu)
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To: Jim Noble

All of the above. We need to approach it at every angle. Then if not successful, do it again. That’s what the liberals do.


99 posted on 08/22/2015 11:45:09 AM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: M-cubed
... it is clearly applied to Indians and diplomats with out naming them....common sense would put anchorbabys in that same category of the times

But diplomats and Indians for the most part had immunity from our laws - hence not subject to our jurisdiction. Illegals and their children did not have immunity. That seems to me to be the big distinction.

100 posted on 08/22/2015 12:44:53 PM PDT by semimojo
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