Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

The Slaughterhouse Cases, the Key to Controlling Illegal Immigration?
US Supreme Court ^ | 1872 | MILLER, J., Opinion of the Court

Posted on 04/29/2003 6:32:00 PM PDT by Carry_Okie

This is the first interpretation of the 14th Amendment on record.
The following text is from the majority opinion (about 3/4 of the way down the page):

http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/historic/query=[group+f_slavery!3A]/doc/{@6621}/hit_headings/words=4

Slaughterhouse Cases, 83 U.S. 36 (1872) (USSC+)
Opinions
MILLER, J., Opinion of the Court

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 first observation we have to make on this clause is that it puts at rest both the questions which we stated to have been the subject of differences of opinion. It declares that persons may be citizens of the United States without regard to their citizenship of a particular State, and it overturns the Dred Scott decision by making all persons born within the United States and subject to its jurisdiction citizens of the United States. That its main purpose was to establish the citizenship of the negro can admit of no doubt. The phrase, "subject to its jurisdiction" was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States.

Enjoy!


TOPICS: Constitution/Conservatism; Culture/Society
KEYWORDS: carryokie; corruption; illegalimmigration; stupidlawyers
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 121-122 next last
To: staytrue
I believe that you will find that most of the founding fathers were born in America. I could be wrong, but it really doesn't matter as they were the founding fathers and the US did not exist when they were born.
21 posted on 04/30/2003 7:35:20 AM PDT by Eva
[ Post Reply | Private Reply | To 4 | View Replies]

To: skeeter
Only one of the first tier founding fathers was foreign-born - Alexander Hamilton, who was born in the Caribbean.

He was also a bastard (literally) and a supporter of monarchy. Because of his background he did everything possible to ingratiate himself with the rich and powerful, and the "royal". The "Whiskey Rebellion" was largely his fault.

Not a nice man.

22 posted on 04/30/2003 7:37:31 AM PDT by jimt (Is your church BATF approved?)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Carry_Okie
The 14th Amendment's "subject to its jurisdiction" clearly gives Congress the right to regulate its application to people from foreign countries. One example is how Indians and their offspring, considered independent of US jurisdiction were in 1924 under the "Indian Citizenship Act" given full US citizen status.

It is in Congress' right through legislation to stop the practice of awarding automatic citizenship to children of illegals, but for the sake of political correctness and votes cowardly politicians will never do such a thing.

23 posted on 04/30/2003 7:44:26 AM PDT by Reaganwuzthebest
[ Post Reply | Private Reply | To 1 | View Replies]

To: Carry_Okie; skeeter; slouper; Eva
The 14th Amendment originally INTENDED that children of immigrants (legal or illegal) are NOT US citizens.

Ok, I did not check the birth status of Washington, Jefferson, etc. But the fact remains, for the first 100 years or so of this country, all you had to do is to be not a black or yellow, get in a boat and show up and presto, you were a citizen. Finally, if children of immigrants are not US citizens, that would make it pretty hard for anyone to be a citizen as even the indians are descendent from immigrants and they were here even before the main body of european immigrants came.

24 posted on 04/30/2003 7:49:27 AM PDT by staytrue
[ Post Reply | Private Reply | To 16 | View Replies]

To: Reaganwuzthebest
It is in Congress' right through legislation to stop the practice of awarding automatic citizenship to children of illegals, but for the sake of political correctness and votes cowardly politicians will never do such a thing.

PC certainly has something to do with this, but so does hypocrisy as I suspect most of congress is not more than 3 generations from being children of immigrants themselves.

One final question, would you be so eager to stop immigration, if the immigrants were from england or ireland, instead of from mexico ? In the secrecy of your own thoughts, I think you know the answer and should at least admit it to yourself.

25 posted on 04/30/2003 7:53:23 AM PDT by staytrue
[ Post Reply | Private Reply | To 23 | View Replies]

To: staytrue
Finally, if children of immigrants are not US citizens, that would make it pretty hard for anyone to be a citizen as even the indians are descendent from immigrants and they were here even before the main body of european immigrants came.

How do you feel about the "pregnancy holidays" many asian women take in the US in order to have an anchor baby? Do you not think this is an abuse of the 14th amendment?

26 posted on 04/30/2003 7:55:37 AM PDT by skeeter (Fac ut vivas)
[ Post Reply | Private Reply | To 24 | View Replies]

To: staytrue
We're talking about children of illegal immigrants, not legal. The Supreme Court has already ruled offspring of legal immigrants through the 14th Amendment are full citizens. The parents have sworn an allegiance to the country and are under US jurisdiction. Illegal aliens have done no such thing.
27 posted on 04/30/2003 8:00:15 AM PDT by Reaganwuzthebest
[ Post Reply | Private Reply | To 24 | View Replies]

To: slouper
LOL!
28 posted on 04/30/2003 8:02:58 AM PDT by Joe Hadenuf (i)
[ Post Reply | Private Reply | To 19 | View Replies]

To: staytrue
First of all, no one could have been a citizen of the US before 1776. Second, I believe that immigration records were kept from all ships entering the country and that you are correct in assuming that European immigrants were allowed citizenship. Blacks and Chinese were brought here, not as immigrants but as slaves.

It is true that the founders of this country were a little behind the times on slavery, but only slightly. I believe that it was only Spain that had laws that more fairly dealt with slavery and Africans at that time. Africa and the Middle East still has slavery, so I don't think that one can rightly fault the US for not dealing with this problem at its conception. Blacks and leftists should be more concerned with present day slavery and crimes that are being perpetrated against other Blacks in Africa, today, instead trying to win financial remuneration for themselves for alleged wrongs that happened to people over 140 years ago.
29 posted on 04/30/2003 8:05:27 AM PDT by Eva
[ Post Reply | Private Reply | To 24 | View Replies]

To: Reaganwuzthebest
It is in Congress' right through legislation to stop the practice of awarding automatic citizenship to children of illegals, but for the sake of political correctness and votes cowardly politicians will never do such a thing.

Neither the Congress nor the Executive have the power of law to confer citizenship outside the powers enumerated in the Constitution. If the 14th Amendment specifically states that children of resident and illegal aliens are not US citizens, and there is a Supreme Court decision immediately after its ratification that articulates its intent, then the Executive branch is acting without authority when it issues credentials of citizenship to those legal classes not specifically included in the language of the 14th Amendment.

Further, even though Bridges v. Wixon supposedly overturned the interpretation in the Slaughterhouse Cases with regard to legal residents, the latter is clearly NOT based in Constitutional law, given that the earlier court had direct knowledge of the legislative intent of the language of the 14th Amendment.

Finally, I would like to add that there is a VERY fundamental difference between awarding citizenship to the children of legally resident aliens versus illegals. The latter is an act hostile to the sovereignty of the United States and clearly NOT acting in a manner that is "subject to the jurisdiction thereof" because it is a violation of that jurisdiction for those people to even be here. It is so far from the intent of the language of the 14th Amendment that for the Executive branch to confer citizenship to those children is an act hostile to the Constitution that empowers it. The States can and should bring suit for compensation under this premise, and IMO any citizen could bring suit to demand that such citizenship be declared null and void having been granted under the illegal exercise of authority, else the action of the Congress and the Executive branch is diluting that citizenship to the point of meaninglessness.

30 posted on 04/30/2003 8:06:58 AM PDT by Carry_Okie (There are people in power who are truly evil.)
[ Post Reply | Private Reply | To 23 | View Replies]

To: staytrue
I am curious as to why the founding fathers, jefferson, washington, franklin, etc. are legal immigrants and people whom you don't like are not. Basically, these guys got in a boat and just showed up and presto, they were legal

Oh man.....So Washington and Jefferson were boat people? Illegal aliens? Some are so quick to use the race card, that they become blinded in the process....

31 posted on 04/30/2003 8:07:22 AM PDT by Joe Hadenuf (i)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Eva
Blacks and Chinese were brought here, not as immigrants but as slaves.

One minor point; the Chinese came here voluntarily, blacks did not.

32 posted on 04/30/2003 8:08:08 AM PDT by skeeter (Fac ut vivas)
[ Post Reply | Private Reply | To 29 | View Replies]

To: staytrue
Cut with the race baiting or you will get no further response from me.

But the fact remains, for the first 100 years or so of this country, all you had to do is to be not a black or yellow, get in a boat and show up and presto, you were a citizen.

No, it's not a fact. People were turned back at the dock for disease, criminality, or other cause. You know no more of that history than you do about the place of birth of the founding fathers. Yours is a self-renforcing fantasy.

Finally, if children of immigrants are not US citizens, that would make it pretty hard for anyone to be a citizen as even the indians are descendent from immigrants and they were here even before the main body of european immigrants came.

The children of immigrants can be NATURALIZED as can be their parents, a process that makes them citizens under the jurisdiction of the United States. Get a grip.

33 posted on 04/30/2003 8:13:50 AM PDT by Carry_Okie (There are people in power who are truly evil.)
[ Post Reply | Private Reply | To 24 | View Replies]

To: skeeter
Some of the Chinese came here voluntarily, some more as indentured servants, I believe.
34 posted on 04/30/2003 8:18:28 AM PDT by Eva
[ Post Reply | Private Reply | To 32 | View Replies]

To: Carry_Okie
At this point what's being done at the Executive level by awarding automatic citizenship is the result of precedent through decades of doing it.

Congress must address this issue in more modern terms legislatively and let the Supreme Court sort it out. If they don't do that and soon, we might as well hand over the country to Mexico or whoever now because they're literally taking over the country through the bedroom.

35 posted on 04/30/2003 8:20:23 AM PDT by Reaganwuzthebest
[ Post Reply | Private Reply | To 30 | View Replies]

To: Eva
Some of the Chinese came here voluntarily, some more as indentured servants, I believe.

Yep, as did many Irish.

36 posted on 04/30/2003 8:20:51 AM PDT by skeeter (Fac ut vivas)
[ Post Reply | Private Reply | To 34 | View Replies]

To: skeeter
I believe that I admitted that Europeans were allowed favored status, and that this country was behind the times in treatment of Blacks and Chinese. What I said was that it is time for the Blacks and the left to worry more about what is happening in the world, today, rather than what happened to people that they never knew. Like I said before, slavery was prevalent around the world at the time that the US was created. Spain is the only country that was beginning to change. Quit worrying about past injustices and do something about present day injustice and crimes against humanity.
37 posted on 04/30/2003 8:25:50 AM PDT by Eva
[ Post Reply | Private Reply | To 36 | View Replies]

To: Carry_Okie; staytrue
No, it's not a fact. People were turned back at the dock for disease, criminality, or other cause.

Staytrue might also be surprised to learn that the support systems in place for today's immigrant, the advance SSI payments, taxpayer subsidized housing & health care, and other of today's cash transfers and social services, weren't always available. All those 19th century European immigrants, once they passed through screening & delousing, were on their own.

38 posted on 04/30/2003 8:27:40 AM PDT by skeeter (Fac ut vivas)
[ Post Reply | Private Reply | To 33 | View Replies]

To: Eva
Some of the Chinese came here voluntarily, some more as indentured servants, I believe.

How many know I wonder that thousands of Irish and English women and men were forcibly brought over here as slaves and servants in the 17th and 18th century before the practice was passed off to blacks.

39 posted on 04/30/2003 8:37:47 AM PDT by Reaganwuzthebest
[ Post Reply | Private Reply | To 34 | View Replies]

To: Reaganwuzthebest
I think that was covered pretty well in the history books, when I was in school. Who knows how today's politically correct texts cover the subject.
40 posted on 04/30/2003 8:40:23 AM PDT by Eva
[ Post Reply | Private Reply | To 39 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 121-122 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

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