Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


1 posted on 12/02/2005 4:51:02 PM PST by AZRepublican
[ Post Reply | Private Reply | View Replies ]


To: AZRepublican
Arguments against incorportation of the BOR always give me a chuckle. Really now, wouldn't you just love to live in a country where your state could forbid you to speak out about it's government, deny you a fair trial, search your home every day, deny you freedom of movement, prevent you from defending yourself, force you to practice a religion other than your own...shall I go on?

The BOR is nothing more than a worthless piece of paper if the concept of inalienable rights is only applicable on the federal level.

2 posted on 12/02/2005 5:23:45 PM PST by jess35
[ Post Reply | Private Reply | To 1 | View Replies ]

To: AZRepublican

Bump for later.

Interesting, and thanks.


4 posted on 12/02/2005 6:30:48 PM PST by dinasour (Pajamahadeen)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: AZRepublican; All
From the article:

"Citizenship Clause

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.

The Citizenship Clause did not originate from John Bingham but was inserted while the bill was under consideration in the Senate by Sen. Jacob Howard. The clause itself is straightforward and came with ample documentary construction over how "subject to the jurisdiction" was to be construed. Sen. Howard introduced the clause this way:

This [Citizenship Clause] will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.

Of course the only other class of persons left that can be considered is US Citizens. Sen. Howard later confirms just this when he said the Citizenship Clause "ought to be construed so as to imply a full and complete jurisdiction on the part of the United States, whether exercised by Congress, by the executive, or by the judicial department; that is to say, the same jurisdiction in extent and quality as applies to every citizen of the United States now."

Essentially then, the phrase "subject to the jurisdiction" was not used in any sense of geographical location -- but in the full sense of allegiance.

Supreme Court rulings that followed after the adoption of the Fourteenth Amendment confirms the adopted understanding of the Citizenship Clause beginning with the Slaughterhouse Cases in 1873 where the court held that the Fourteenth Amendment excludes the children of aliens.

Jumping to 1884, the court in Elk v. Wilkins 112 U.S. 94 (1884), held that the phrase "subject to the jurisdiction" requires "direct and immediate allegiance" to the United States, not just physical location. This is confirmed by the legislative history of the Fourteenth Amendment and the definition used by the Senate.

Everyone needs to read and comprehend the significance of this information.

Does anyone have a current list of email addresses?

Easy Does It

7 posted on 12/03/2005 5:51:51 AM PST by eazdzit (Write your congressman. RESTORE the 14th ammendment to its original intent!!!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: AZRepublican

This really should get some attention.

BTTT!!

Easy Does It.


9 posted on 12/03/2005 6:21:59 AM PST by eazdzit (Write your congressman. RESTORE the 14th ammendment to its original intent!!!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: All
I thought the Fourteenth Amendment was unconstitutional ?
http://www.barefootsworld.net/14uncon.html
10 posted on 12/03/2005 4:40:08 PM PST by undocumentedrat
[ Post Reply | Private Reply | To 1 | View Replies ]

To: AZRepublican
Bump
12 posted on 12/10/2005 2:41:59 PM PST by inquest (If you favor any legal status for illegal aliens, then do not claim to be in favor of secure borders)
[ Post Reply | Private Reply | To 1 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


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