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Title: Children Born in the United States to Aliens Should Not, by Constitutional Right, Be US Citizens
Source:
Law & Freedom .com
URL Source: http://www.lawandfreedom.com/site/constitutional/AlienBirth.pdf
Published: Dec 13, 2005
Author: By WilliamJ. Olson, Herbert W. Titus, an
Post Date: 2007-08-20 21:57:28 by DeaconBenjamin
Keywords: None
Views: 465
Comments: 17
For the whole of the Twentieth Century, it was commonly assumed that children born in the United States to alien parents were constitutionally entitled to be United States citizens. This assumption is based upon a U.S. Supreme Court case, United States v. Wong Kim Ark, 169 U.S. 649 (1898), which held that a child who had been born of alien parents, lawfully in the United States, was entitled to citizenship under the Fourteenth Amendment based on its terms that “[a]ll persons born in the United States ... and subject to the jurisdiction thereof, are citizens of the United States ....” The Supreme Court’s decision in Wong Kim Ark was based upon an inapplicable British common law rule that an individual, born on British soil, owed allegiance to the British sovereign who not only governed the land, but owned it. Such a rule is wholly unsuitable to America, a nation whose sovereign is the people and whose land is owned by no man. Not only did the Supreme Court fail to recognize the unsuitability of an old British rule, it failed to apply the original and historical meaning of the Fourteenth Amendment. To be born “subject to the jurisdiction” of the United States is not just to be physically present within the nation’s boundaries. Rather, to be “subject” is to evidence allegiance and fidelity to the American nation. Children of alien parents are not entitled to an irrebuttable constitutional presumption of such loyalty just because they are born on American soil. Indeed, children born to alien parents who defiantly enter or remain illegally in the United States are in no sense “subject” to the jurisdiction of the nation. To date, no court decision has carefully analyzed and determined that the Wong Kim Ark decision should apply to children born of such illegal aliens. Such an issue is too important never to have been litigated and competently decided. The Wong Kim Ark rule ought either be (i) limited to its facts and applied only to resident aliens lawfully admitted to residence in the United States, or better yet (ii) overruled, leaving it to Congress to determine citizenship of such children by statute pursuant to its constitutional power to establish the nation’s naturalization policy.
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#1. To: DeaconBenjamin (#0)
Which is why they had to pass a special law making Native Americans citizens. The 14th was passed to make blacks citizens. I believe anchor babies to be a more serious problem than our border issues.
Uh...aren't they connected?
This will not happen unless such a child is denied citizenship, AND the illegal parents take it to court, AND the states attorney is willing to bring this argument up AND his superiors allow him to. I hate to be the incessant pessimistic nagging in the back corner, but I REALLY don't see this happening.
"If ignorance is bliss, why aren't more people happy?"
Yes but if we shut the border without taking care of the anchor baby problem it won't matter. There are enough illegals here to continue to have babies and bring relatives over. Even the last immigration bills the Dems were pushing the families first rather than workers part. If we eliminate the anchor babies there will be less incentive to come and it will be easier to send them back.
I don't either but we have got to find a way, it's that important.
What if Congress passes a bill denying such citizenship, The U.S. Constitution is no impediment to our form of government.--PJ O'Rourke
What if I just right my congressman and tell him to get right on that. That could work if it were implemented. I simply do not see that happening. I have not seen our government actually DO anything to slow down the illegals creeping in, so why would the politicians want to curtail these added citizens? These children get birth certificates, social security cards, grow up in the system and are taught to pay taxes. These taxes are the monopoly money that pay the salaries and retirements of these politicians, stopping this would limit the money they have to play with. Not to mention that every time a child gets a birth certificate, the certificate goes to the department of commerce, that child then becomes a commodity, and these certificates are then traded around the world.
"If ignorance is bliss, why aren't more people happy?"
Of course. They are working towards the NAU. It's all part of the plan.
If BushCo, Clinton and whoever got serious about the sanctions against corporations who hire los mohados the problem would be remedied overnight. You may recall that Bush's nominee for secretary of labor Linda Chavez was withdrawn after it was learned that she too had (and probably still has) an "undocumented" housekeeper. Of course the "real crime" is the non payment of social security "contributions" for the employee. Even when taking action the govt signals aliens that they are welcome despite American laws to the contrary. I'm petrified at the thought of the current crop of dutiful corporate hack politicos tampering with the constitution. Edit: She was Dubya's nominee, and she is a "good Republican"
The immediate purpose of that part of the Fourteenth Amendment was to overrule the Supreme Court's holding in Dred Scott that Negroes, whether slave or free, could not be United States citizens. The framers of the amendment wanted to make clear that any Negroes, slave or free, born within the United States were United States citizens. I don't see what that has to do with evidencing allegiance and fidelity to the American nation.
To reason, indeed, he was not in the habit of attending. His mode of arguing, if it is to be so called, was one not uncommon among dull and stubborn persons, who are accustomed to be surrounded by their inferiors. He asserted a proposition; and, as often as wiser people ventured respectfully to show that it was erroneous, he asserted it again, in exactly the same words, and conceived that, by doing so, he at once disposed of all objections. - Macaulay, "History of England," Vol. 1, Chapter 6, on James II.
Well gee, with all the complaining thats always going on about non citizens having so many more rights than citizens without any of the responsibilities that go along with it, doesn't it kinda make you wonder what it is about being one of those citizen creatures that makes them so darned jealous of their slave status? You'd think more citizens would be looking to get UNdocumented instead of the other way around.
Best of both worlds. For people who are hardcore against illegal immigration, the Member can present himself as a champion and national leader on this issue, while to the opposition, he can state (off the record) that it is an empty, quixotic gesture.
The U.S. Constitution is no impediment to our form of government.--PJ O'Rourke
Did you read the paper, or only the excerpt?
The U.S. Constitution is no impediment to our form of government.--PJ O'Rourke
Only works if you are the correct Raza.
The U.S. Constitution is no impediment to our form of government.--PJ O'Rourke
The Doctrine of Discovery is the document that established the precedent that native peoples who did not do agriculture the European way and were not Christian had no sovereignty in their home turf. Read the piece in the link or Google the other gret pieces on this critical document. It is an eye opener.
Thesis: Official 9/11 story is an unproven conspiracy theory. http://911truth.org http://Justicefor911.org http://summeroftruth.org Probable-cause standards have been met for an unlimited investigation of unsolved crimes relating to the events of Sept. 11, including allegations of criminal negligence, cover-up, complicity or commission of the attacks by US officials and assets of intel services.
Says who? Why does it only work if you are the correct Raza?
Rather, to be “subject” is to evidence allegiance and fidelity to the American nation.
#2. To: All, *The Border* (#1)
#3. To: farmfriend (#1)
I believe anchor babies to be a more serious problem than our border issues.
#4. To: DeaconBenjamin (#0)
To date, no court decision has carefully analyzed and determined that the Wong Kim Ark decision should apply to children born of such illegal aliens.
#5. To: scrapper2 (#3)
Uh...aren't they connected?
#6. To: ladybug (#4)
I hate to be the incessant pessimistic nagging in the back corner, but I REALLY don't see this happening.
#7. To: ladybug (#4)
the constitutionality of the bill under the 14th Amendment is challenged,
and then this legal argument is presented in support of the statute?
#8. To: DeaconBenjamin (#7)
What if Congress passes a bill denying such citizenship, the constitutionality of the bill under the 14th Amendment is challenged, and then this legal argument is presented in support of the statute?
#9. To: ladybug (#8)
I have not seen our government actually DO anything to slow down the illegals creeping in,
#10. To: farmfriend (#1)
(Edited)
I believe anchor babies to be a more serious problem than our border issues.
#11. To: DeaconBenjamin (#0)
Not only did the Supreme Court fail to recognize the unsuitability of an old British rule, it failed to apply the original and historical meaning of the Fourteenth Amendment. To be born “subject to the jurisdiction” of the United States is not just to be physically present within the nation’s boundaries. Rather, to be “subject” is to evidence allegiance and fidelity to the American nation.
#12. To: DeaconBenjamin (#0)
#13. To: ladybug (#8)
I have not seen our government actually DO anything to slow down the illegals creeping in, so why would the politicians want to curtail these added citizens?
#14. To: aristeides (#11)
#15. To: RidinShotgun (#12)
Well gee, with all the complaining thats always going on about non citizens having so many more rights than citizens without any of the responsibilities that go along with it, doesn't it kinda make you wonder what it is about being one of those citizen creatures that makes them so darned jealous of their slave status? You'd think more citizens would be looking to get UNdocumented instead of the other way around.
#16. To: farmfriend (#1)
#17. To: DeaconBenjamin (#15)
Only works if you are the correct Raza.
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