Posted on 07/11/2018 4:13:04 PM PDT by EXCH54FE
Now comes a whopper: much of what the American public has been told about birthright citizenship is wrong. The Immigration Reform Law Institute (IRLI) recently filed a friend-of-the-court brief in Fitisemanu v. United States, a case of birthright citizenship currently before the U.S. District Court for the District of Utah. In its brief, IRLI attorneys did not take a position on the primary issue in Fitisemanu: whether American Samoa is part of the United States for purposes of citizenship. The brief instead examined the overarching matter of birthright citizenship. Namely, does the Fourteenth Amendment to the Constitution grant automatic citizenship to children born in the U.S. to parents who are not U.S. residents, or who are in the country without permission? The findings may well topple conventional wisdom about one of the crown jewels of the left's immigration agenda.
Read more: https://www.americanthinker.com/blog/2018/07/its_time_to_reimagine_birthright_citizenship_.html#ixzz5KzSvn3SL Follow us: @AmericanThinker on Twitter | AmericanThinker on Facebook
(Excerpt) Read more at americanthinker.com ...
And has slowly destroyed the character of a nation.
Under the jurisdiction thereof
I would love to see all these anchor babies whose parents are not citizens have their so called citizenship stripped.
Ahhh...but precedent, precedent. That is the left's call to arms this week.
Precedent is not established in the Constitution as a means to amend the Constitution through semantic gymnastics and changing the meanings of words and phrases.
I’m afraid that, as a textualist, I believe a Constitutional amendment is needed to fix this problem.
For two reasons:
1) “Subject to the jurisdiction thereof” (the jurisdiction of the United States) has a perfectly clear English meaning. If you can be arrested by our police, be brought before a judge, deprived of your property and removed to a foreign country against your will, then if you are NOT being subjected to the jurisdiction of the United States, I don’t know what to call what just happened to you.
2) My grandparents (all four of them) were born in the United States to six parents who owed allegiance to the Emperor of Germany and two who owed allegiance to Her Britannic Majesty Victoria Alexandrina. And yet, they did not have to naturalize, they were American citizens at birth
I understand the intent argument. I have read Bingham’s quotes.
I just cannot imagine any American court would agree with the proposition that illegal aliens and their spawn were NOT “subject to the jurisdiction” of the courts, and therefore to the jurisdiction of the United States.
Precedent is not established in the Constitution as a means to amend the Constitution through semantic gymnastics and changing the meanings of words and phrases.
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Precisely what they have been doing.
Exactly, the left ALWAYS ignore the second part of the phrase, that if you are born here AND UNDER THE JURISDICTION THEREOF then you are a citizen.
Illegals are never under the jurisdiction of any municipality since by default they are not citizens.
The phrase “jurisdiction thereof” means that you are a ward of the state. It has nothing to do with whether you can be arrested or not. The phrase was put it there to accomidate the slaves who were brought here against their will and were considered property.
Obeying the laws of a foreign land and “being subject to the jurisdiction” are two compleeeeeeeeetely different matters.
It is highly questionable whether the Court would have ruled Wong Kim Ark was a citizen if his parents were not lawfully present in the United States at the time of his birth.
So ... change the Constitution to be more specific and take the interpretation out of the Courts. I bet you will find a lot of people will support you.
No, it’s time it was stopped from being imagined!
The 14th Amendment does not condone birthright citizenship for illegal alien children.
That’s a great idea! First, we’ll exile the bipartisan, blue state, political/regulator class to places like Haiti, one relatively small group of them at a time.
Do you believe any Federal court in the US would rule, ever, that persons born in the US were NOT subject to its jurisdiction?
If I'm not a slave then I'm not "subject to the jurisdiction thereof"? So how can my children be citizens?
How so?
Yes, it does.
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