FROM THE SENATOR WHO ACTUALLY WROTE THE 14TH AMENDMENT CLAUSE CONCERNING BIRTHRIGHT CITIZENSHIP:
THUS, THE REASON FOR "and subject to the jurisdiction thereof" WRITTEN INTO THE FIRST SENTENCE OF ITS FIRST SECTION.
Posted on 10/31/2018 7:47:55 AM PDT by Borges
It was the fall of 1895, and Wong Kim Ark was puzzled and alarmed as he bided his time on the steamship Coptic, which floated in the San Francisco Bay after returning him from a visit to China. His papers were in order. He had seen to that. The required statement, certification from white men that he was born in the United States and therefore a citizen, were in order. He had traveled to China for a visit and had little trouble being readmitted.
On this occasion, however, authorities denied him entry, returning him to the ship on which he had arrived, and from there to another ship, the Gaelic, and then to the Peking. For four months, the only certainty to Wong’s life was the tides in San Francisco Bay, where he awaited word of his fate.
(Excerpt) Read more at washingtonpost.com ...
That says it all. Why would anyone read this trash.
The 14th was never intended to apply to foreigners.
Any foreigners.
The Supreme Court stretched it to cover the children of foreigners here legally in Wong Kim Ark, but did not extend it to illegal aliens.
That was done administratively sometime in the 1960’s.
An executive order can remedy that.
Children of foreign nationals inherit the nationality(ies) of their foreign national parent(s).
That’s why the children of foreign nationals are NOT natural born citizens.
That’s also how Ted Cruz acquired US citizenship being born in Canada. A citizen by extension of his mother’s citizenship, but not a natural born citizen.
To get a real lesson on the correct meaning of the 14th amendment, one needs to read the debates in Congress on what it means and what it was intended to accomplish.
They are long winded and boring, but there are quite a few good nuggets in them. According to the debates, it is clear that there never was any intention of granting citizenship to the children of transient aliens.
Even the court in Wong Kim Ark noted the importance of a legal and permanent residency.
The left thinks we should follow the laws of other countries except when it comes to anchor babies.
Teddy K. Was a brother?
That was the language used at the time.
FROM THE SENATOR WHO ACTUALLY WROTE THE 14TH AMENDMENT CLAUSE CONCERNING BIRTHRIGHT CITIZENSHIP:
THUS, THE REASON FOR "and subject to the jurisdiction thereof" WRITTEN INTO THE FIRST SENTENCE OF ITS FIRST SECTION.
That was as far as I got. WaPo and NYT usually reveal the political objective of their propaganda piece within the first paragraph. Chances are this story is riddled with fantasy and made up anecdotes.
certification from white men
That says it all. Why would anyone read this trash.
_____________________________________________________
Yep. Stopped reading this garbage right there. I have better things to do.
The Amendment will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the family of ambassadors or foreign ministers ...”
The Amendment will not, of course, include persons 1) born in the United States who are foreigners, 2) aliens (referring to Indians), 3) who belong to the family of ambassadors or foreign ministers ...”
There. Fixed it. All of which are subject to a foreign jurisdiction.
Why was this not included in the amendment? Would have saved a lot of trouble and malinterpretation.
As posted before, not everything was foreseeable, amendments cannot be written to cover every contingency. That is why SCOTUS clerks and research staff of strict constructionist Justices gather together every historical reference including the Congressional Record to determine the full historical meaning and intent of the subject matter.
SCOTUS has NEVER ruled on this aspect of the 14th A. Past Presidents ignored it. Now that we have a President who is a Nationalist first, we are seeing this come to the fore.
Let’s be grateful.
The original writer of Section 1 of 14A included “and subject to the jurisdiction thereof” to cover all contingencies of the future which along with the Congressional Record and Archives provide the Supreme Court with the material needed to interpret the Constitution as it was intended and as it was meant to be interpreted.
The confirmation of Justice Kavanaugh is of enormous impact.
Roberts, Thomas, Alito, Gorsuch, Kavanaugh are expected to render a strict constructionist ruling that will end the abuse of the Constitution to what has become known as birthright citizenship.
“The key difference is that his parents were here legally.”
Correct, his parents a the time of his birth were legal US residents and were successful business persons. The naturalization laws at the time prohibited them from becoming actual US citizens. They were legal residents and subject to the laws and jurisdiction of the US, satisfying the requirements for the 14th Amendment. It is the 19th Century equivalent of the parents having green cards. There was no 14th Amendment “birthright citizenship” belonging to anyone who happened to emerge from the womb in the US prior to the 1960s and to use the term in that manner now distorts the true definition.
Critics (globalists) claim that anyone born in the United States is automatically a U.S. citizen, even if their parents are here illegally. But that ignores the text and legislative history of the 14th Amendment, which was ratified in 1868 to extend citizenship to freed slaves and their children. The fact that a tourist or illegal alien is subject to our laws and our courts if they violate our laws does not place them within the political “jurisdiction” of the United States as that phrase was defined by the framers of the 14th Amendment.
This amendment’s language was derived from the 1866 Civil Rights Act, which provided that “[a]ll persons born in the United States, and not subject to any foreign power” would be considered citizens. Who are the subjects of a foreign power? Thomas Jefferson said “Aliens are the subjects of a foreign power.” Thus, the statute can be read as All persons born in the United States who are not alien are declared to be citizens of the United States.
What Jefferson said makes sense. Here is another way to determine who is and who is not subject to our jurisdiction. Ask yourself: Can foreigners be drafted into the Army? Can foreigners who are not residents be made to pay taxes on their home country earnings to the US? Can foreigners be charged with treason to this country?
No, but their home country can do these things to them. Thus they are NOT subject to US jurisdiction. Being forbidden to murder someone here, or to run a red light, or to rape or rob someone, etc. is mere territorial jurisdiction, NOT the type of jurisdiction that the 14th Amendment speaks to. Why the hell should these people have the same rights and privileges of those of us who are required to serve in the military, pay taxes, etc.
Need proof? The 14th Amendment did not include American Indians or their children born here because they were under their own tribal jurisdiction not the jurisdiction of the U.S. They did not become citizens until Congress passed the Indian Citizenship Act of 1924. There would have been no need to pass such legislation if the 14th Amendment extended citizenship to every person born in America, no matter what the circumstances of their birth, and no matter who their parents are. Let that sink in!
Lots of lawyers incorrectly believe the Ark decision sets precedent to grant children of all aliens automatic citizenship if born here. United States v. Wong Kim Ark, 169 U.S. 649 (1898), is a United States Supreme Court case in which the Court ruled 6–2 that a child born in the United States, of parents of Chinese nationality who at the time had a permanent domicile and residence in the United States and were carrying on business there but not as employees of the Chinese government, automatically became a U.S. citizen. This decision established an important precedent in its interpretation of the Citizenship Clause of the Fourteenth Amendment to the Constitution. I believe this decision is correct because the parents while still aliens were here legally, permanent residents and must have had a green card thereby making them subject to total U.S. jurisdiction; serving in the military, paying taxes, etc. The main issue is, were the Ark’s under U.S. jurisdiction? I believe they were since they were here legally and had a permanent residence. Visitors, invaders certainly are NOT under U.S. jurisdiction.
That thousands upon thousands of babies born here to parents on vacation, going to school on visa’s, entering illegally, etc., etc., were granted automatic citizenship along with a birth certificates MEANS NOTHING because these people were not under the jurisdiction of this country. They were aliens subject to the jurisdiction of their home countries. Those citizenship’s should be revoked. President Trump is trying to rectify the misinterpretation of the 14th Amendment.
We need Congress to get off their ass and comply with Section 5 of the 14th Amendment which states: “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article” Let’s clean up this mess, this loophole. As it stands now, anyone, anywhere in this world can find a way to obtain citizenship here along with all the benefits thereof. Our country will collapse!
It will be fascinating and funny to see the left tie itself in logical gordian knots if it is confronted with the INTENTIONS of the people who actually WROTE the 14th Amendment, but at the same time to see the Media carry their water and ignore it or outright lie about it.
Birthright citizenship didn’t happen for almost a hundred years after the 14th Amendment was ratified, when activist judges decided to make it so.
ref the 14th ammend: Trump outlaws birthright citizenship. A liberal judge enjoins it. Trump fast tracks it to the Supreme Court. 5 to 4. checkmate for Trump! Bypassing a do almost nothing congress. JMHO!
The coverage about this in the MSM as usual has been so one sided that it boggles the mind. They are freaking out to the point that it is almost comical. This includes FOX, where one person after another has declared that President Trump is wrong and we need a Constitutional amendment to reverse a Democrat administrative rule change that has not been challenged.
If the executive order is made a lawsuit will be filed to challenge it. A liberal federal judge (probably in Hawaii or California) will strike it down. If the appeals court supports the judge, the lawsuit will be fast tracked to the Supreme Court where a definitive decision will be made.
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