Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: CpnHook

I might also add that you could argue that “children born of alien enemies in hostile occupation” could apply to any illegal entry into our country.


116 posted on 09/02/2015 1:20:43 PM PDT by Mr. K (If it is HilLIARy -vs- Jeb! then I am writing-in Palin/Cruz)
[ Post Reply | Private Reply | To 114 | View Replies ]


To: Mr. K
I might also add that you could argue that “children born of alien enemies in hostile occupation” could apply to any illegal entry into our country.

One can argue it (and I've seen some try), but the argument misses the mark.

The birth-subject (citizen) rule of the common law was predicated on jurisdiction and allegiance. The reason children born in an area then controlled by an occupying force fell outside the normal rule is that "to be a subject born" the child had to be born owing allegiance to the sovereign. The sovereign doesn't exercise jurisdiction over an area when that area has been conquered by an invading force. So the child born there is deemed to owe no allegiance to that sovereign.

Unless a horde of illegals seize control of an entire U.S. city or in some way divest the U.S. of jurisdiction over an area, the "hostile invader" comparison misses fails.

118 posted on 09/02/2015 4:20:22 PM PDT by CpnHook
[ Post Reply | Private Reply | To 116 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson