Posted on 08/23/2015 10:22:02 AM PDT by Rockitz
Myths about birthright citizenship—promoted by liberals, embraced by establishment Republicans, and repeated by mainstream media pundits without critical examination—have been debunked by experts spanning the political spectrum. But none of those people are being given A-list treatment by major media outlets to respond.
Instead, the voices given the biggest public platforms are commentators who lack any professional credentials on the topic, who breezily assure viewers that “of course everyone knows” that the Fourteenth Amendment confers citizenship on everyone born in this country. And when the media occasionally puts on an opposition guest to provide a veneer of balanced reporting, they put on well-meaning individuals who are clearly not well grounded on this issue, who cannot make a compelling case and can’t answer hard questions.
But there are a plethora of legal experts who can field those questions. The Fourteenth Amendment’s Citizenship Clause declares: “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.”
Breitbart News first explained that the debate of who becomes an American citizen by virtue of being born on U.S. soil turns on the words “subject to the jurisdiction thereof.” And we later explained in greater detail how the Supreme Court’s interpretation of the Citizenship Clause over time supports the original meaning of that clause, a clause which does not extend citizenship to the children of illegal aliens. This is the third installment in this series of reports.
(Excerpt) Read more at breitbart.com ...
But the MSM including Fox are not allowing people to hear the other side. It is a conspiracy of omission.
I just wish the “low-information” pundits, such as O’Reilly, would learn it. There is an abysmal amount of ignorance extant in the nation now.
Goebbels would have liked to have had control over our leftist media. Says it all.
Also, there is no appetite within the existing Congress or Administration to change this interpretation. Further, if there is a change and we want that change to be a lasting change, i.e. not changed the next time the Uniparty gets into power, then the 14th will need to be either repealed or altered. This is just a simple statement of fact.
There are two ways to accomplish this. Either by winning the next Presidential election with a candidate that will actively work to end birthright citizenship, or by an Article V convention.
Interesting and thought provoking.
The hidden hand of the corporatists is imposing fascism through their propaganda machines.
The NYT et al are exercising their right of Constitutional amendment. It must pass two thirds of the employees of the NYT the LAT and the WaPo and then be ratified by the NYT Editorial Board with 3/4 of the editors concurring by a show of hands.
These nione justices did not so rule. Such rulings as have been handed down as in 1898 do not address the issue. The Constitution gives Congress plenary power to decide on citizenship with no input or correction from the Court or the President. The 14th excludes Indians from citizenship even though they are born in the geographic USA because their parents owe allegiance to a foreign power i.e the tribes with treaties between themselves as sovereign nations and the United States. That pretty much describes the current “birthright” issue and negates it.
Good post. It reflects my own thoughts on the present political and social climate.
The 14th was not intended for the purpose it is being used. I have really tried to find when the abuse started...and can’t.
In any case, closing the barn door on this matter will be more than difficult.
‘’a literal interpretation ‘’
Don’t you mean a -liberal- interpretation? The 14th Amendment concerned the children of slaves freed by the 13th Amendment & the 15th Amendment gave African- American males the right to vote.
So do the GOP’s pres candidates.
So anchor babies became defacto US citizens and therefore eligible for taxpayer provided welfare and public education. And here we are 33 years later.
Judge Jeannine sez that birthright citizenship is a crock, as do scores of true Constitutional Scholars. But nothing can actually get rectified until Donald J. Trump has been inaugurated.
Lord, please protect and prosper Donald Trump’s candidacy, in the Name of Christ, The Lord of Glory. Amen.
Except that Brennan and the SCOTUS are NOT empowered by the Constitution to set immigration policy. Only Congress can do THAT.
So Brennan may have thought that his footnote was clever beyond words, but he was just whistling You Ain’t Nuthin’ But A Gound Dog as far as it carrying any LEGAL authority.
Wait until Mr. Trump is ensconced in the Oval Office.
AMEN!!
DONALD TRUMP IS RIGHT!!!
PLEASE SHARE THIS WITH YOUR LISTS!!
A VERY IMPORTANT piece if you want to fully understand the 14th Amendment argument! Folks, some really cunning and not so stupid people are on the verge of STEALING YOUR BIRTHRIGHT AND THAT OF YOUR CHILDREN AND GRAND CHILDREN!
If you don’t have time to read the entire thing, PLEASE at least read the paragraphs I’ve extracted below. If you’re STILL unclear why those on the left are slinging all this mud on Trump over this one, understand that a large percentage of those who come here ILLEGALLY are initially unable to fully support themselves until they plug into the underground/paid under the table economy and, because the left has created a welfare hammock for them, avail themselves of those programs (at which time many do both). Those programs create a “warm and fuzzy feeling” toward these leftists Democrats, almost guaranteeing they will become DEMOCRAT VOTERS once the left has succeeded in doing away with proof of citizenship in order to vote. (Not to belabor the point, but ask yourself WHY, during his recent trip to Kenya, obozo pledged over 50 million bucks to that corrupt government for A VOTER ID PROGRAM as his Just Us department has blown well over that amount trying to PREVENT STATES FROM REQUIRING PROOF OF CITIZENSHIP HERE??)
Sorry for the rant. Here are those paragraphs that condense much of the legal info in this piece: (See the link below for the entire piece.)
P. A. Madison, a modern day master of constitutional analysis, points out that “since illegal aliens are unlawfully in the US, their native country has a proper and primary claim of allegiance on the child. Thus, the completeness of their allegiance to the US is impaired, which therefore precludes automatic citizenship.” Slam dunk obvious, I’d say.
Also, Rep. Aaron Sargent, a representative from California during the Naturalization Act of 1870 debates, said the 14th Amendment’s citizenship clause was not a de-facto right for aliens to obtain citizenship. Significantly, none of his contemporaries disputed that assertion.
Adding to this mix, here is a little case law since the 14th’s ratification.
In the Slaughterhouse Cases(1873), the Supreme Court observed that the 14th Amendment overturned the Dred Scott decision by making all persons born within the United States and subject to its jurisdiction, citizens of the US; the ruling went on to point out “that [the 14th Amendment’s] main purpose was to establish the citizenship of the Negro” and that “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”, thus reinforcing Sen. Howard’s construction above. So, since they cannot be subject to US jurisdiction, children of citizens of foreign sovereignities and children of foreign ministers/consuls/ambassadors cannot be lawfully considered US Citizens. Makes perfect sense.
http://www.teapartynation.com/profiles/blog/show?id=3355873%3ABlogPost%3A3115937&xgs=1&xg_source=msg_share_post
Every country on the face of this earth claims to have jurisdiction over everyone within it’s physical territory excepting only those that have been granted diplomatic immunity.
If a US citizen goes to Italy and is suspected in a murder case, the legal process will unfold according to Italy’s laws, not the US laws. Thus the US citizen is subject to the jurisdiction of the legal system of Italy while on Italy soil. The reverse is also true. An Italian citizen comes to the US is subject to the jurisdictions of US laws (Congress) and the US legal system (courts) while here, legally or not.
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