Rethinking Birthright Citizenship
(All emphases by Always On Watch)
Amendment XIV, Section 1. 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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.Some time back, Cubed left the following comment at Protect and Defend:
"...[A]bsolutely no changes to the Constitution need to be made.So, where does the above leave anchor babies and their parents?
"I think we need to educate our legislators; they are obviously in great need of a lesson or two in the Constitution.
"[T]he 14th Amendment was never intended to constitute a claim to citizenship just because a person was born here.
"It's a little long, but worthwhile, to see what some of the Big Guns had to say about the intent of the 14th Amendment around the time it was written:
"In 1866, it was recognized that the legal status of recently freed black slaves was in limbo, so the 14th Amendment was written in order to clarify it.
"Senator Jacob Howard wrote: 'Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, or who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.'
"Thus, the original intent was specifically limited to freedmen, and specifically excluded 'foreigners' and 'aliens.'
"The 14th Amendment was ratified in 1868; it was NOT designed to enable illegal aliens who were breaking U.S. law to be given all manner of privileges at taxpayer expense, or to 'go to the head of the line' for citizenship.
"If our legislators had studied harder in school, they might know that an illegal alien mother is subject to the jurisdiction of her native country, not the U.S., as is her baby born on U.S. soil.
"A bit of stickiness about the whole "born-in-the-USA-therefore-a-citizen" issue came up again a little over 100 years ago, when the decision about whether American Indians, whose reservations had been granted the status of independent nations, were citizens of the United States.
"The Supreme Court held to the original, narrow intent of the 14th Amendment, and said they were not U.S. citizens; the phrase 'subject to its jurisdiction' excluded them as 'children of ministers, consuls, and citizens of foreign states born within the United States.'
"This presented a number of difficulties, so Congress decided to pass a special act, the 'Citizens Act of 1924,' which granted American Indians full citizenship. The act said: 'The following shall be nationals and citizens of the United States at birth: 1) a person born in the United States and subject to the jurisdiction thereof; 2) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe.'
"The provision 'subject to the jurisdiction thereof" excludes aboriginal tribes not 'subject to the jurisdiction' of the U.S. - hence, it excludes members of aboriginal peoples of foreign jurisdictions like Mexico and other Central and South American countries.
"All of us who believe the mechanism exists already in the Constitution to exclude the children of illegals from automatic citizenship are right, and we need to let our woefully ignorant legislators know this."