shmogie
Well-Known Member
President Trump recently created a lot of folderol over his view of birthright citizenship.
Like most Americans, even though I have read the Constitution many times I believed it was a Constitutionally guaranteed right, and could only be changed by Constitutional amendment, a very, very high bar to achieve.
So, I did some research.
Of the approx., 150 nations, 30 have guaranteed birthright citizenship. Two first world nations, Australia and Ireland have recently reascended the concept, and others are considering doing the same.
It is alleged that the 14th Amendment to the Constitution grants automatic American citizenship to anyone born on US soil, but does it ?
The 14th Amendment was enacted in 1868 with the expressed purpose of ensuring that freed slaves were granted US citizenship. In the recorded discussions and articles of the time, I can find none where the children of aliens, legal or illegal , were considered as part of the Amendment. In fact, Native Americans, because they were citizens of their Tribal nations, were not considered under the Amendment till 1928 when they were granted citizenship.
So, what does the pertinent part of the 14th Amendment ACTUALLY say ?
Section one " All persons born or naturalized in the United States, AND SUBJECT TO THE JURISDICTION THEREOF ( caps mine), are citizens of the United States.
Does subject to the jurisdiction mean that children of aliens, legal or illegal who are subject to the jurisdiction of the nation of which they are citizens are not US citizens or, does it mean because they are on US soil they are subject to the jurisdiction of the US ?
I sincerely hope Trump issues his order rescinding birthright citizenship. Suit will immediately be brought for an injunction blocking the order, which will be granted. The Justice dept. will appeal and the issue will work it's way through the court system to the Supreme Court, who will decide.
The issue has never gone to the Supreme Court, but has been interpreted by lower courts since 1960 to mean anyone born on US soil are citizens of the US.
This creates anchor babies, that is, children of illegal aliens born on US soil who are citizens. The courts have ruled that these babies must be under the care of the parents and they anchor the parents to US soil, and though illegal aliens, otherwise subject to deportation,they cannot be deported.
I for one, hope the Amendment will be interpreted to mean that aliens are subject to their own country's authority, and are not citizens and the family unit can be deported to their home country,
Illegal aliens cost the American taxpayer billions of dollars in support and services, yearly., Billions of dollars American taxpayers intend for support and services for American citizens.
The American taxpayer cannot solve the problems of Americans when their tax dollars are being spent on citizens of another country who shouldn't be here in the first place.
We will see what happens.
Like most Americans, even though I have read the Constitution many times I believed it was a Constitutionally guaranteed right, and could only be changed by Constitutional amendment, a very, very high bar to achieve.
So, I did some research.
Of the approx., 150 nations, 30 have guaranteed birthright citizenship. Two first world nations, Australia and Ireland have recently reascended the concept, and others are considering doing the same.
It is alleged that the 14th Amendment to the Constitution grants automatic American citizenship to anyone born on US soil, but does it ?
The 14th Amendment was enacted in 1868 with the expressed purpose of ensuring that freed slaves were granted US citizenship. In the recorded discussions and articles of the time, I can find none where the children of aliens, legal or illegal , were considered as part of the Amendment. In fact, Native Americans, because they were citizens of their Tribal nations, were not considered under the Amendment till 1928 when they were granted citizenship.
So, what does the pertinent part of the 14th Amendment ACTUALLY say ?
Section one " All persons born or naturalized in the United States, AND SUBJECT TO THE JURISDICTION THEREOF ( caps mine), are citizens of the United States.
Does subject to the jurisdiction mean that children of aliens, legal or illegal who are subject to the jurisdiction of the nation of which they are citizens are not US citizens or, does it mean because they are on US soil they are subject to the jurisdiction of the US ?
I sincerely hope Trump issues his order rescinding birthright citizenship. Suit will immediately be brought for an injunction blocking the order, which will be granted. The Justice dept. will appeal and the issue will work it's way through the court system to the Supreme Court, who will decide.
The issue has never gone to the Supreme Court, but has been interpreted by lower courts since 1960 to mean anyone born on US soil are citizens of the US.
This creates anchor babies, that is, children of illegal aliens born on US soil who are citizens. The courts have ruled that these babies must be under the care of the parents and they anchor the parents to US soil, and though illegal aliens, otherwise subject to deportation,they cannot be deported.
I for one, hope the Amendment will be interpreted to mean that aliens are subject to their own country's authority, and are not citizens and the family unit can be deported to their home country,
Illegal aliens cost the American taxpayer billions of dollars in support and services, yearly., Billions of dollars American taxpayers intend for support and services for American citizens.
The American taxpayer cannot solve the problems of Americans when their tax dollars are being spent on citizens of another country who shouldn't be here in the first place.
We will see what happens.
