Posted on 01/14/2022 12:32:40 PM PST by River Hawk
Current American policy grants automatic birthright citizenship to babies born to illegal alien mothers. It’s been the practice for decades.
A female illegal alien can cross the border, give birth five minutes later, and her child is an American citizen for life.
The term “anchor baby” refers to the fact that such babies are “anchored” into the United States, can’t be deported, and their status makes it harder to deport their illegal alien parents.
What if a state made a law prohibiting the anchor baby policy?
There’s a proposal to do just that in the state of Oklahoma.
(Excerpt) Read more at usinc.org ...
Old Vietnam era magazine cartoon showing a general at his desk, pen in hand and an underling.
General: “What day of the month were you born, soldier?”
Soldier: “The 7th, sir.”
General: “Fine. The number of confirmed Vietcong dead this month is 7,000.”
Sorry.
Posted on wrong thread.
That’s ok.
Interesting subject. The 10th amendment trumps federal law. But can that be a reasonable position to use it to overturn the 14th?
That are about 30,000,000 of those horses out of the barn.
I think the current “law” is not valid. But can’t happen soon enough.
“Interesting subject. The 10th amendment trumps federal law. But can that be a reasonable position to use it to overturn the 14th?”
The bigger problem is that the 10th doesn’t apply here. Section 8 of the Constitution mandates that Congress “establish a uniform Rule of Naturalization”.
It’s pretty hard to argue that individual states could adjust citizenship rules with Section 8 as written.
Too late, the camel is already in the tent.
I’m not a lawyer and I don’t even play one on the internet, but I doubt it would work.
During the Obama years Arizona tried to enforce the immigration laws - because Obama wouldn’t.
It didn’t work. SCOTUS ruled that immigration was a federal policy, not a state policy.
And just how long have we waited for a Republican to
step up to the plate and knock this one out of the park?
The method, unlike what was expected, but if this gets the
job done, more power to you, Sir.
According to Senator Dahm, “Birthright citizenship was never the intent of the 14th Amendment.” He’s exactly right and I wish him success in his endeavor to get a law passed. It’s pretty sad when you have to pass laws to restate what’s already in the Constitution.
Still funny.
"Current American policy grants automatic birthright citizenship to babies born to illegal alien mothers. It’s been the practice for decades."
FR: Never Accept the Premise of Your Opponent’s Argument
Based on the writings of Justice Joseph Story, the fed's misguided anchor baby policy unsurprisingly effectively defeats the purpose of the Constitution's "uniform Rule of Naturalization" clause imo.
While the paragraph is a good read, the concerns that led to the naturalization clause are hilited at the end of the paragraph.
"Article I, Section 8, Clause 4: To establish an uniform Rule of Naturalization [emphasis added], and uniform Laws on the subject of Bankruptcies throughout the United States;"
"Article 1, Section 8, Clause 4 (Citizenship) § 1098. The propriety of confiding the power to establish an uniform rule of naturalization to the national government seems not to have occasioned any doubt or controversy in the convention. For aught that appears on the journals, it was conceded without objection. Under the confederation, the states possessed the sole authority to exercise the power; and the dissimilarity of the system in different states was generally admitted, as a prominent defect, and laid the foundation of many delicate and intricate questions. As the free inhabitants of each state were entitled to all the privileges and immunities of citizens in all the other states, it followed, that a single state possessed the power of forcing into every other state, with the enjoyment of every immunity and privilege, any alien, whom it might choose to incorporate into its own society, however repugnant such admission might be to their polity, conveniencies, and even prejudices. In effect every state possessed the power of naturalizing aliens in every other state; a power as mischievous in its nature, as it was indiscreet in its actual exercise. In one state, residence for a short time might, and did confer the rights of citizenship. In others, qualifications of greater importance were required. An alien, therefore, incapacitated for the possession of certain rights by the laws of the latter, might, by a previous residence and naturalization in the former, elude at pleasure all their salutary regulations for self-protection. Thus the laws of a single state were preposterously rendered paramount to the laws of all the others, even within their own jurisdiction. And it has been remarked with equal truth and justice, that it was owing to mere casualty, that the exercise of this power under the confederation did not involve the Union in the most serious embarrassments. There is great wisdom, therefore, in confiding to the national government the power to establish a uniform rule of naturalization throughout the United States. It is of the deepest interest to the whole Union to know, who are entitled to enjoy the rights of citizens in each state, since they thereby, in effect, become entitled to the rights of citizens in all the states. If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges [emphasis added].
§ 1099. It follows, from the very nature of the power, that to be useful, it must be exclusive; for a concurrent power in the states would bring back all the evils and embarrassments, which the uniform rule of the constitution was designed to remedy [emphasis added]. [...]" " —Justice Joseph Story, Joseph Story, Commentaries on the Constitution 3, 1833.
Corrections, insights welcome.
The ultimate remedy for unconstitutionally big, alleged election-stealing, Democratic Party-pirated federal and state governments, allegedly manufacturing crises to oppress everybody under their boots...
Consider that the states effectively have "veto power" over continued unpopular, unconstitutional actions of the feds.
More specifically, all the states can effectively “secede” from the unconstitutionally big federal government by doing the following.
Patriots need to primary federal and state elected officials who don't send voters email ASAP that clearly promises to do the following.
Federal and state lawmakers need to promise in their emails to introduce resolutions no later than 100 days after start of new legislative sessions that proposes an amendment to the Constitution to the states, the amendment limited to repealing the 16th and ill-conceived 17th Amendments (16&17A), little or no discussion required imo.
In fact, I challenge the states to ram the repeal amendment for 16&17A through the ratification process faster than Nancy Pelosi irresponsibly rammed unconstitutional Obamacare through the House. /semi-sarc
Again, insights welcome.
While it may not work in OK, it is bringing the issue up. I am astounded that in the 40+ years of dealing with illegal immigration, we have not yet fixed this obvious loophole.
People who are born here should become US citizens only if neither parent is here illegally. If the parents are here temporarily (tourist, student, or work visa), no US citizenship. If the parents have permanent residence or green cards, their children become US citizens along with the parents, or on their own after they turn 23 (18 + 5 years) after meeting criteria such as not being convicted of a crime, etc.
The 14th doesn’t grant ‘anchor baby’ status. A dicta by a lefty-commie federal ‘judge’ has been the basis since the 60s, I believe.
OK, so they could deny the anchor baby Oklahoma citizenship but it won’t impact U.S. citizenship.
> Missouri
how about no
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