Let's clear up a basic misunderstanding of the law...

[lspencer534]

What’s the citizenship status of the children of illegal aliens? You've always heard 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.

This is hard to understand, so pay attention: The 14th Amendment doesn’t say that all persons born in the U.S. are citizens. It says that “[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof” are citizens. That second, critical, conditional phrase is conveniently ignored or misinterpreted by advocates of “birthright” citizenship.

That phrase needs to be read kike this: "[A]ll persons (1) born or naturalized in the United States (2) and subject to the jurisdiction thereof...." The second part of the phrase is a qualifying or conditional phrase.

People erroneously believe that anyone present in the United States has “subjected” himself “to the jurisdiction” of the United States, which would extend citizenship to the children of tourists, diplomats, and illegal aliens alike.

But that is not what that qualifying phrase means. Its original meaning refers to the political allegiance of an individual and the jurisdiction that a foreign government has over that individual. 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.

In other words, it means not owing allegiance to any other country. In the famous Slaughter-House cases of 1872, the U. S. Supreme Court stated that this qualifying phrase was intended to exclude “children of ministers, consuls, and citizens or subjects of foreign States born within the United States.” This was confirmed in 1884 in another case, Elk vs. Wilkins, when citizenship was denied to an American Indian because he “owed immediate allegiance to” his tribe and not the United States.

American Indians and their children 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.

Even in U.S. v. Wong Kim Ark, the 1898 case most often cited by “birthright” supporters due to its overbroad language, the Court only held that a child born of lawful, permanent residents was a U.S. citizen. That is a far cry from saying that a child born of individuals who are here illegally must be considered a U.S. citizen.

Children born here to illegal aliens do not meet the 14th Amendment’s jurisdictional allegiance obligations. They are, in fact, subject to the political jurisdiction (and allegiance) of the Country of their parents. Children born in the United States to foreign citizens are citizens of their parents’ home Country.

Accordingly, birthright citizenship has been implemented by executive fiat, not because it is required by federal law or the Constitution.

Class dismissed.

[Ryan Bell]

Originally Posted by lspencer534

Children born in the United States to foreign citizens are citizens of their parents’ home Country.

[VITE1]

[Aerovette]

How would a new born infant go about displaying, or having an allegiance, to any country?

I knew that the citizenship was NOT automatic, but I was not clear on the circumstances.

[Jeff '79]

Waiting for cliffs so that I can come up with an educated smart azz remark.

[Giraffe (He/Him)]

Originally Posted by Jeff '79

Waiting for cliffs so that I can come up with an educated smart azz remark.

Lemme help. Obama is not an American citizen.

[lspencer534]

Originally Posted by Jeff '79

Waiting for cliffs so that I can come up with an educated smart azz remark.

There can be no cliffs for a complicated subject.

[MrPeabody]

Originally Posted by Thomas

Lemme help. Obama is not an American citizen.

So he's like Ted Cruz and Marco Rubio?

[Giraffe (He/Him)]

Originally Posted by MrPeabody

So he's like Ted Cruz and Marco Rubio?

Cubans. Probably part of the Mariel boatlift.

[Millenium Vette]

Originally Posted by Jeff '79

Waiting for cliffs so that I can come up with an educated smart azz remark.

Cliffs: "Anchor babies" is a misnomer.

Someone should tell Jeb...

[Jeff '79]

Originally Posted by Jeff '79

Waiting for cliffs so that I can come up with an educated smart azz remark.

Originally Posted by Thomas

Lemme help. Obama is not an American citizen.

Originally Posted by lspencer534

There can be no cliffs for a complicated subject.

Originally Posted by MrPeabody

So he's like Ted Cruz and Marco Rubio?

Originally Posted by Thomas

Cubans. Probably part of the Mariel boatlift.

Originally Posted by Millenium Vette

Cliffs: "Anchor babies" is a misnomer.

Someone should tell Jeb...

[HellCat]

How come you are the only one that knows that? No one else does.

[Giraffe (He/Him)]

Originally Posted by HellCat

How come you are the only one that knows that? No one else does.

Because he's a Lawyer.

<Jeff '79> That Spence, he so sma! <Jeff '79>

[lspencer534]

Originally Posted by HellCat

How come you are the only one that knows that? No one else does.

I'm not the only one who knows this:

The 14th Amendment to the United States Constitution - Fourteenth Amendment - anchor babies and birthright citizenship - interpretations and misinterpretations - US Constitution

Misinterpretation of the 14th Amendment to the United States Constitution - Fourteenth Amendment - anchor babies and birthright citizenship - interpretations and misinterpretations - US Constitution

Anchor babies, birthright citizenship, and the 14th Amendment | colorado immigration law resources reference

[Will]

OP, you also know that the Supreme Court gives no ****s about what the constitution says, what authors of specific provisions say it says, etc.

For example, the father of the 14th Amendment, John Bingham (R), Ohio, and the amendment's supporters in congress at the time, AND the amendment's opponents, were ALL in UNANIMOUS agreement that one of the effects of the amendment would be the incorporation of the Bill of Rights to the states. ALL of the Bill of Rights.

SCOTUS gave no ****s, and we got literally HUNDREDS of years of their made-up, "selective incorporation" bull-****. Heller and McDonald, 21st century cases, incorporated the second amendment to the states and D.C. as far as SCOTUS is concerned. Even though the the 14th amendment actually did it ~ a century and a half ago.

We are ruled by Gods and Kings, the law means nothing, words mean nothing, anyone born here, even illegal alien anchor babies, are U.S. citizens. Because our overlords say so. And that's the way it is until someone or someone(s) do something about it.

[SnikPlosskin]

Reposting that on Facebook for the morons. Thanks Spence!

[78SA]

Originally Posted by Thomas

Lemme help. Obama is not an American citizen.

Originally Posted by MrPeabody

So he's like Ted Cruz and Marco Rubio?

They all have at least 1 parent that was a US citizen. That makes them all citizens.

[MrPeabody]

Originally Posted by 78SA

They all have at least 1 parent that was a US citizen. That makes them all citizens.

Check your sarcasm meter.

[78SA]

Originally Posted by MrPeabody

Check your sarcasm meter.

My sarcasm is fine.

[Fasglas]

Originally Posted by Will

OP, you also know that the Supreme Court gives, blah, blah, blah.

I have long believed the SC has outlived it's usefulness, many times over. Time has come for them to wander off into retirement, where they belong.

If we MUST have a SC, let them be elected to the bench. 2 four year terms, MAX.