We need to bury copies of the Declaration and the Constitution along with suggestions on how it can be improved (ban islam and satanism, ban abortions - or protect life at conception, give states the right to leave if 90% of its citizens approve, get rid of birth right citizenship, etc).
When all the smoke clears, maybe the survivors can get things going right in America 2.0
“Subject to the Jurisdiction”: You Can’t Have It Both Ways
Since the SD legislature has refused to address the birthright citizernship issue, I decided to give it another go with Sen. Thune on a national level. As that “IS” the level of government in which it rightly should be addressed.
In my call to his office today I inquired:
Can the phrase “subject to the jurisdiction” mean one thing for persons born and another for persons naturalized without it specifically separating the two in the initial language of the bill? If it does not, then that would mean that either there is no constitutional provision for anchor babies aka birthright citizenship for children born to parents in which one or more is an alien or that the oaths that immigrants must take renouncing any and all foreign allegiances is wholly unconstitutional and the US State Dept must immediately cease and desist in requiring it. If it is as some claim, that mere birth alone creates citizens, then it would also leave the Expatriation Act of 1868 formally known as “An Act concerning the Rights of American Citizens in foreign States” completely unconstitutional and thereby creating complete chaos of the laws of nations not to mention the treaties signed by our government from its founding. The Expatriation Act of 1868, known as the sister act to the 14th Amendment, is still in force today as part of Title 8, while some parts of it were transferred under Foreign Affairs. This law is the basis for the renunciation oath that all immigrants must take and is the law which gives Congress the right & authority to rebuke a naturalized citizen’s US citizenship status & have that person deported for “bad behavior”. It is also the law that states that dual allegiance is not now nor ever has been part of our legal system. The Act states: “whereas it is claimed that such American citizens, with their descendents, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed” and then goes on to declare ” is hereby declared inconsistent with the fundamental principles of this government”.
From all the research into the congressional archives & past legislation that I have done from our founding to the present, and all the historical evidence that I have acquired, it is my conclusion that “subject to the jurisdiction” as it is written into the law can not suppose to repudiate itself nor are laws to be made that create redundancy. Gustafson v. Alloyd Co., Inc., 513 U.S. 561, 562 (1995). I would like to hear how Sen. Thune, being a lawyer & writer/author of our laws can suppose a phrase mean two different things in the same law without specifically addressing them separately?
The 1995 Supreme Court case of Gustafson v. Alloyd Co., Inc., 513 U.S. 561, 562 concluded that:
[562] The Act’s structure and § 12’s language reinforce this view. In addition, since the primary innovation of the Act was the creation of federal duties-for the most part registration and disclosure obligations-in connection with public offerings, it is reasonable to conclude that the liability provisions were designed primarily to provide remedies for violations of these obligations rather than to conclude that § 12(2) creates vast additional liabilities that are quite independent of them. Congress would have been specific had it intended “prospectus” to have a different meaning in § 12. Pp. 570-573 . . . [563] The Act’s legislative history clearly indicates that Congress contemplated that § 12(2) would apply only to public offerings by an issuer or controlling shareholder, and nothing in that history suggests that Congress intended to create a formal prospectus required to comply with both §§ 10 and 12, and a second, less formal prospectus, to which only § 12 would be applicable. Pp. 578-584.
In other words, when a “term” or “phrase” of the law pertains to two different subject matter, unless otherwise stated in the statute by congress, the “term” or “phrase” shall be interpreted as to not repudiate itself.
The 14th Amendment is a prime example of this rule of law, i. e. birth & naturalization. According to Justice Kennedy, who delivered the opinion of the court in Gustafson v. Alloyd Co., Inc. and the rules pertaining to interpretation of laws, the phrase “subject to the jurisdiction”, unless otherwise stated specifically by Congress in subsequent legislation or in the definitions of the “terms” & “phrases” of that law that is written in the US code, shall have the exact same meaning for the one as it does for the other.
Furthermore, according to Justice Kennedy the corresponding legislation to the 14th, the Expatriation Act of 1868 being subsequent legislation to the 14th, shall also have no affect to redundancy or repudiation of the 14th & the 1866 Civil Rights Act which held the verbiage of the codified law until it was changed in 1940 when the 14th & the 1866 Acts were consolidated into one.
Constitutional & legislative interpretation was written centuries ago and after the revolution there was but a couple of law schools in the US. It wasn’t until 1833 that Supreme Court Justice Joseph Story, also founder of Harvard Law school, wrote his commentaries about constitutional interpretation that is still cited to this day. Chapter 5 titled “Rules of Interpretation”, Section 188 & 194 of his Commentaries on the Constitution of the United States states:
Finish here:
http://constitutionallyspeaking.wordpress.com/2011/03/17/subject-to-the-jurisdiction-you-cant-have-it-both-ways/