*ping*
“When taken to its logical extreme, that would produce the absurd result that children of invading armies would be considered citizens of the U.S.”
God help you, sir, and everyone else, to understand the illegals ARE an invading army.
This is a PERFECT example of WHY we don’t need a “living” constitution and why Original Intent is essential.
Get pregnant, sneak into the U.S., have your kid here and you, its father, and assorted relatives get an in.
Disgraceful.
About damn time. Actually, decades too late, but better late than never.
IMO, if the wad was fired from an illegal, then the resulting little bastard is also illegal. “Fruit of the poisonous tree” don’tcha know.
Yes they are born citizens... but then that citizenship is stripped from them!
No constitutional amendment required.
No, the 14th Amendment attempted to take the original power of creating equal rules for immigration and turn it into the ability to declare whomever they wanted to a 'citizen'.
It's a legalistic ILLUSION in order to turn everyone in federal citizens. If it had meant only slaves it would have said so.
The problem is that the 14th tried to take our inalienable rights that are based in the State and turn us into administrative-based 'legal entities'....thus denying us access to our natural personhood and subjecting us to whatever the current crop of congress-critters decided to roll down the pike.
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We went from this:
§ 1218. The inhabitants enjoy all their civil, religious, and political rights. They live substantially under the same laws, as at the time of the cession, such changes only having been made, as have been devised, and sought by themselves. They are not indeed citizens of any state, entitled to the privileges of such; but they are citizens of the United States. They have no immediate representatives in congress.
Joseph Story, Commentaries on the Constitution
To this:
"... a construction is to be avoided, if possible, that would render the law unconstitutional, or raise grave doubts thereabout. In view of these rules it is held that `citizen' means `citizen of the United States,' and not a person generally, nor citizen of a State ..."
U.S. Supreme Court in US v. Cruikshank, 92 US 542: (1875)
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Ever wonder why they say taxes are 'voluntary'? Because we voluntarily claim to be citizens of the United States
Ever wonder why illegals are 'special'? Because they are NOT citizens of the United States, they are still state-based 'persons'.
WAKE UP PEOPLE!
We are helping to destroy our country by giving the federal governemnt a authority it was never intended to have. As long as the People aquiesce to being under federal juristiction, the States are helpless to do anything to rein in federal power.
The solution is very simple and direct. Get a court case going that is high quality enough for the US Supreme Court to consider and rule on. All we need is a favorable Supreme Court ruling to change the 14th Amendment interpretation. Nothing more than that. You don’t need a Constitutional Amendment.
I can just imagine illegal aliens and their backers protesting such a decision. The American people will laugh because it is common sense you don’t give illegal alien babies automatic citizenship. May not be legal sense yet, but it is common sense
To strictly construe the letter of the 14th Amendment, children of illegals are citizens. They meet two of the requisite criteria:
1). They are born in the United States;
2). They are subject to its jurisdiction.
If we interrogate the INTENT of the Amendment, the conclusion is far less certain.
However, doing so takes us out of the realm of strict construction and leads us down the path of relativism, the so-called “living Constitution” where we’re allowed to impute motives to men who have been dead for 150 years.
It’s an ideological dilemma whose simplest — but ultimately unworkable — solution is to clarify the Amendment.
The question is just who is authoriizing these drop and squat citizenships. Per Dr Eastman there is no Constitutional requirement, no court case, no statute and no executive order authorizing these citizenships. So then just who is doing it and how can we get it stopped without the American people having to jump through a lot of hoops to protect American citizenship.
http://www.capsweb.org/content.php?id=775&menu_id=8
Ping!
“May not be illegal, but for sure can’t be citizens without denouncing Islam, because Sharia Law is superior to any manmade law. They can not possibly swear allegiance to the Constitution, and the Flag, because their religion prohibits that.”
Only if you reach the absurd conclusion that an invading army is subject to our laws.
BS, the courts ruled several times that tribal American Indians, though born in the US, were not "subject to it's jurisdiction: and thus were not US citizens. See Elk v. Wilkins, 112 U.S. 94 (1884) It took a law, in 1924, to change that, not a court decision. OTOH, they rules in United States v. Wong Kim Ark, 169 U.S. 649 (1898) that the child of legal resident aliens, born in the US, is a citizen at birth via the 14th amendment.