Deconstructing "Birthright Citizenry"

self/vanity | August 28, 2015 | Jean F. Drew

[CA Conservative]

Forgive the imprecise language. Of course it is a republic, more precisely a constitutional democratic republic. However, that verbal faux pas does not negate the point I was making...

[Hostage]

Go disagree with somebody else. I am not available to you. That means don’t bother me anymore.

[Rome2000]

The Republic died in 1865 when Lincoln murdered the sons of the FOUNDERS and became the first American dictator.

We are post constitutional and the law is whatever the guy with the guns and the power says it is.

It’s time to clean house and ensure the marxists and baby killers and homosexuals and illegal alien supporters and bureaucrats are not only purged but never have the opportunity to wield power again.

The party in Washington is over. It us against them.

No mercy.

[Terry L Smith]

dear phil,

yup!

[DiogenesLamp]

New people. People who haven't been exposed to you and your anti-American/anti-History/anti-Common Sense/anti-fact opinions.

You need a good dose of them. They, you, not so much.

[betty boop]

And Donald Trump will use a substantial portion of those remittance payments to fund the building of the Trump Wall!

That would be simple justice. :<)

I just heard today that Mexico has filed a blistering complaint with the federal government that certain hospitals on the southern border were not issuing birth certificates to the children of their nationals born on U.S. soil, and demanding the federal government compel them to do so.

What chutzpah!!!

Again, the Reconquista comes to mind: Mexico could not and cannot defeat us militarily; but they can defeat us demographically.

One anchor baby is ground zero for multi-generational chain migration into the United States, in an ever-expanding geometric progression. The United States simply cannot afford this — economically, fiscally, culturally.

But the good news is an Article V Convention of the States probably would not have to put repeal of the Fourteenth Amendment on its agenda. Congress already has the power to address the citizenship issue, granted in Article I, Section 8. And reinforced in Section 5 of the Fourteenth Amendment itself — "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article" — all of the previous four Sections.

The bad news is, Congress evidently is loathe to do its duty here. Which appears simple enough: Just clarify what Section 1's "and under the jurisdiction thereof" means. And it turns out the Supreme Court defined it, in 1873 (the Slaughterhouse Cases [83 U.S. 36, 73 {1873}], which was a Fourteenth Amendment case mainly dealing with the "privileges or immunities" clause).

Referring to the Framers' intent (and the Fourteenth had quite recently been ratified, in 1868; so SCOTUS' memory was likely fresh on these matters), the Court wrote:

“The phrase, ‘subject to its jurisdiction’ was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States.” (Emphasis added)

All Congress has to do is secure the border and define U.S. citizenship to reflect this understanding of U.S. "jurisdiction."

Seems simple enough.

But methinks we'd probably need to get a brand-new Congress to get that work done.

Meanwhile, Congress defers to the whims of the president, whose immigration policy is — shall we say? — extraordinarily permissive and whimsical.

[betty boop]

Note "and subject to the jurisdiction thereof" is itself NOT defined.

This is the very issue we need to clear up.

Thanks so much for the link, philman_36!

[DiogenesLamp]

had ALREADY BECOME CITIZENS BY OTHER MEANS;

Irrelevant to the point. None of that addresses the facts of what was the law. If you were an Indian after 1868, you weren't recognized as a citizen.

Citizenship was granted in a piecemeal fashion before the Act, which was the first more inclusive method of granting Native American citizenship. The Act did not include citizens born before the effective date of the 1924 act, or outside of the United States as an indigenous person, however, and it was not until the Nationality Act of 1940 that all persons born on U.S. soil were citizens.

Yes, very interesting tidbits of information that are wholly secondary to the point.

If the US Constitution did not grant citizenship to Indians "not taxed" then it cannot be construed to do so to foreign Indians who are "not taxed."

It demonstrates that being subject to our laws, and being subject to our jurisdiction as articulated in the 14th amendment, are not at all the same thing.

The jurisdiction referred to in the 14th amendment is a form of jurisdiction that extends beyond mere subject to our laws. It is a jurisdiction of compulsory allegiance. That is what it is.

Foreign transients do not meet this level of jurisdiction, and never did.

[Tennessee Nana]

PING

[betty boop]

I know people who have had to leave their home country; some arrive and get a lawyer and start working the system. The ones whose parents thought ahead, though, walk through the front door without any problems.

Dear marron, thank you so very much for these valuable insights!

[betty boop]

Qualifying clauses are a necessary part of writing to convey meaning and clarity.

So true. Which is why it's so maddening to me that no one seems to want to clarify the necessary qualifying clause: "and under the jurisdiction thereof.'"

Thanks so much for your informative essay/post!

[betty boop]

...evidence ... is the huge immigration of nations now...it's not something unplanned....anymore than what we have seen Obama do on our borders....they're shifting the worlds populations.

I am mindful that a huge driver of the current migrations is the devastation of the Middle East, largely due to American disengagement from the region under the Obama Administration.

He's been so terribly helpful to ISIL and Ayatollah Khamenei.... People are literally dying to leave those parts of the world.

And as far as the prez is concerned, there's no such thing as a U.S. border.

Pretty sad, huh???

[caww]

Yep.....and that “Invasion” of other countries, including ours will continue at a faster pace..it's not going to slow down. It's not just refugees crossing the borders. Most are not traveling with an documentation having learned it's best not to be identified for then they cannot be deported. I do fear for the World as Islam is going ground by population/invasion and nothing is stopping it....their bases are already present in most Western nations and governance as well....it's not going to take much to topple everything when the time comes.

[betty boop]

JUST A REMINDER : $266 million of your tax dollars
in the current spending bill...going to Central America
earmarked for “humanitarian aid to the children.”

We're being blackmailed; and Congress caves.

Of course, its Left Progressive members will delight in this fresh opportunity to provide "humanitarian relief, for the chillun" — just so long as it goes to countries who cannot provide a decent life, a decent standard of living, necessary infrastructure, medical and educational resources, etc., etc., to its own nationals. So they export their problems North, to the U.S. border.

And although Mexico, which these "exports" must traverse before they can get there, rigorously enforces its own immigration laws (based on the jus sanguinas principle), its own southern border is completely permeable by these hordes rising from their South.

Totally sick-making.

Thanks, liz, for the eye-opening essay/post.

[betty boop]

Thomas Jefferson defined "aliens" very clearly and succinctly: “Aliens are the subjects of a foreign power.”

So they are not simply "foreigners."

[Godebert]

Great article. Bookmarked.

[hosepipe]

“Invasion” of other countries, including ours will continue at a faster pace..it’s not going to slow down.

---

Pretty smart of the One Worlders brilliant..

Global illegal alien insurrection... true in Europe, here and everywhere.. even mexico..

One World Socialism is at hand....
Pretty soon where-ever you are..... will not be where-ever you are..

It will be some place ELSE.. brilliant really..
AND republicans have ZERO idea this is going on... AT ALL..
On purpose with malicious intent.. GLOBALLY..

And TRUMP is On Board with this.. after all TAXES is just the cost of doing business.. Creeping and creepy FASCISM..

The FBI ia asleep.. and the CIA has Altzheimers..
And OBAMA is the one that flew over the Cuckoo’s Nest..

[caww]

oh now that's interesting....that would make the Muslims “aliens” because they are “subjects” of the ME powers that be under the Islamic ideology....which is diametrically opposed to our Constitution....whose agenda is to "Conquer and rule all nations".

Just as you stated in you post..... Thomas Jefferson defined “aliens” very clearly and succinctly: “Aliens are the subjects of a foreign power"......So they are not simply “foreigners.”

[caww]

By the time the populations and governments have been infiltrated through these invasions under the cloak of diversity... and their numbers multiply at the rates they are now....this will be a rapid takeover so fast peoples heads will do more then spin.....and nothing to stop it when it occurs.

Federal Government 'Subsidizes' Islamic Halal Food in Public Schools....Legislators in both New York City and New York state have proposed mandating public schools to serve halal food. In February 2014, New York City Councilman Rafael Espinal introduced a resolution requiring New York City schools “to provide a halal lunch menu option.” Three separate bills have been introduced in the New York State Assembly during the current (2015-16) term that would require public schools in big cities to offer halal lunch options. One of them requires that the food be provided to Muslim students “at no cost.”

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." Seems to me nobody is keeping them from having Halal food, so why is Obama busy violating the Constitution again...because nobody is stopping this creeping Sharia Law into our nation...

http://pamelageller.com/2015/08/federal-government-subsidizes-halal-food-in-public-schools.html/

[caww]

This shows the Extent of Influence of the Infiltrated Islamic Trojan Horses in the administration Machinery....
Tax Payers Money is getting spent for The Bringing Up the Destructive Elements of the Country.