Not to beat a dead horse, but the Court has accorded the first sentence of Sec. 1 a construction in accordance with the congressional intentions, holding that a child born in the United States of Chinese parents who themselves were ineligible to be naturalized is nevertheless a citizen of the United States entitled to all the rights and privileges of citizenship. (7) Congress' intent in including the qualifying phrase ''and subject to the jurisdiction thereof,'' was apparently to exclude from the reach of the language children born of diplomatic representatives of a foreign state and children born of alien enemies in hostile occupation, both recognized exceptions to the common-law rule of acquired citizenship by birth
(7)U.S. v. Wong Kim Ark 169 US649(1898)
(8) ibid at 682.
Anchor babies are a free ride to welfare heaven for their parents and siblings.
We probably should add something like "born to parent or parents legally residing in the United States or territories".
posted on 05/22/2005 7:06:44 PM PDT
by ol' hoghead
(If you stick your head in the sand, you make your butt a big target.)
To: ol' hoghead
I would argue the problem lies simply with the court's interpretation of the amendment, not with the amendment itself. Jacob Howard's quote clearly illustrates Congress' intent. We should test this ruling in court again before worrying about amending the Constitution.
posted on 05/23/2005 6:33:38 AM PDT
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