By coming here illegally they DO NOT have consent to be here, and having a baby here does not change that.
Citizenship is not a game of 'catch me if you can'.. if you make it across the line and give birth you score a goal and the country cannot touch you AND has to pay all your bills and give you 'benefits'.
I demand we get all our money back from those getting checks in other countries because they came, they birthed, they went back home...........and now get financial assistance
http://www.freerepublic.com/focus/search?m=all;o=time;q=quick;s=14th
Some more Resources for this:
The Book
“Citizenship of the United States”
by Frederick Van Dyne, LL. M.
Assistant Solicitor of the Department of State of the United States
Published 1909
Archive.org has a copy you can download.
https://ia600400.us.archive.org/5/items/citizenshipunit00goog/citizenshipunit00goog.pdf
SENATOR JACOB HOWARD, SPEECH
INTRODUCING THE FOURTEENTH
AMENDMENT
Speech delivered in the U.S. Senate, May 23, 1866
http://theusconstitution.org/sites/default/files/briefs/Howard_Speech_5-23-1866.pdf
AND
http://www.yale.edu/lawweb/jbalkin/conlaw/senatorhowardspeechonthefourteenthamendment.pdf
H.R.140 - Birthright Citizenship Act of 2011 - Introduced by Representative Steve King R-IA - Looks like it was introduced and it got nowhere.
https://www.opencongress.org/bill/hr140-112/actions_votes
The 14th amendment does not and never has granted citizenship to children of illegal immigrants. The proper remedy for the multiple abuses of the 14th would be to withdraw citizenship from those improperly awarded citizenship and to cease immediately the unlawful application of the 14th.
“The anchor baby scam was invented 30 years ago by a liberal zealot, Justice William Brennan, who slipped a footnote into a 1982 Supreme Court opinion announcing that the kids born to illegals on U.S. soil are citizens. Fox News is treating Brennan’s crayon scratchings on the Constitution as part of our precious national heritage.”
- Ann Coulter
Question is we have a lot of Anchor Babies who have turned 18. Are they “under the jurisdiction of”. Are they allowed to vote? Can they get clearances? Are they required to be naturalized? I favor doing whatever it takes to disallow future Anchor Babies, but I’m not as sure as others about the 14th. SCOTUS will make the final determination on the 14th. I guess that ruling will come when we try to deport an Anchor Baby.
If you had continued to read the Senate debate from which you quote, you would have seen that the question of birthright citizenship for children of noncitizen aliens (with a couple of exceptions noted) specifically came up, and a key supporter of the amendment specifically stated that it would, if adopted, make birthright citizenship for such children part of the Constitution.
Since there was no federal law restricting immigration when the 14th Amendment was adopted, there was no such thing as an “illegal immigrant.” A reasonable person should recognize that, as a consequence, the framers of the 14th Amendment could not have intended to exclude the children of illegal immigrants from birthright citizenship. If you think that’s a bad policy that ought to be changed, you should support changing the Constitution, not trampling the Constitution to get the policy result you favor.
I quote from the Senate transcript. Sen. Conness of California is speaking:
“The proposition before us, I will say, Mr. President, relates simply in that respect to the children begotten of Chinese parents in California, and it is proposed to declare that they shall be citizens. We have declared that by law [the Civil Rights Act]; now it is proposed to incorporate that same provision in the fundamental instrument of the nation. I am in favor of doing so. I voted for the proposition to declare that the children of all parentage, whatever, born in California, should be regarded and treated as citizens of the United States, entitled to equal Civil Rights with other citizens.”
We have for decades and for generations, followed the present interpretation, namely children of illegal aliens born on US soil are US citizens. Like it or not.
Cruz himself has stated that a law is necessary to change this.
Plus there is the legal precedent, stemming from this long-standing interpretation.
Finally the concept whereby our Constitution bars “ex-post-facto” laws, so such changed law would only operate going forward.
United States v. Wong Kim Ark, 169 U.S. 649 (1898), the Supreme Court ruled that a person who:
is born in the United States;
of parents who, at the time of his birth, are subjects of a foreign power;
whose parents have a permanent domicile and residence in the United States;
whose parents are there carrying on business and are not employed in any diplomatic or official capacity of the foreign power to which they are subject;
becomes, at the time of his birth, a citizen of the United States by virtue of the first clause of the 14th Amendment of the Constitution.
if being born on the land does not award citizenship and it must come from a parent then ...
0bama is not a citizen
his mother was 18 when she gave birth, too young to convey citizenship. and his father was never a citizen.
opps
when do we start swearing in biden?
Once you grant that, the argument that "subject to its jurisdiction" does not apply to aliens is nonsensical. Of course they are subject to U.S. jurisdiction. Aliens (resident or illegal) who commit crimes can be prosecuted and incarcerated as with any U.S. citizen. The exception to this is foreign diplomats, for whom "diplomatic immunity" takes them outside of U.S. jurisdiction. This is consistent with the common law rule that said all children born within the jurisdiction of the sovereign -- even to alien parents -- were "natural born" subjects (or citizens, as the case may be).
Change the title to “Foreign Nationals” instead of Aliens, and EVERYONE will understand.
Click the keyword Aliens to see more illegal alien, border security, and other related articles.
The amendment suggests that you have to already be a legal resident of the state wherein they reside in order to be a citizen. What should follow is that if an illegal has a child born in the US and is subject to the rules,laws and dictates of her country so would her child.
All politicians have committed treason.