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Old 10-20-2010, 09:37 PM
 
Location: Metropolis
1,144 posts, read 3,256,335 times
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Just thought I would add a few facets to the birthright citizenship dilemma that just occured to me.

1. When considering "subject to the jurisdiction of" and citizenship together here are a few logical assumptions.
-Since jurisdiction general means defining power over something or someone, then we are exercising this power by granting citizenship to these children born to illegal aliens. It seems to me, that this power is bending and convaluted. We basically have decided that we have jurisdiction over illegal aliens by deporting them if they are caught. We could grant them amnesty if we wished to, even if this overrides any former actions of authority. So then if we decide that "jurisdiction" over these children means that their citizenship is to assigned to the current citizenship of their parents. This is reaonable considering only children of U.S. citizens born abroad can gain citizenship as a "U.S. citizen born abroad".

-Here are some old and very outdated laws still on the books, do we need a "constitutional amendment" to change them to?

AL: Children of incestuous couples are deemed legitimate.?!?!?!?
Fairfield, IL: It is unlawful for "Negroes" to be within county boundaries from sundown to sunrise.
Minnesota: Citizens may not enter Wisconsin with a chicken on their head.
In wisconsin there is one about not being able to serve a colored person fake margarin or something...

-also interesting. The ninth amendment pretty much sets the barometer on how to read the other amendments in the constitution which generally includes this doctrine;
The Ninth Amendment bars denial of unenumerated rights if the denial is based on the enumeration of certain rights in the Constitution, but does not bar denial of unenumerated rights if the denial is based on the enumeration of certain powers in the Constitution.[15] It is to that enumeration of powers that the courts have said we must look, in order to determine the extent of the unenumerated rights mentioned in the Ninth Amendment

Last edited by UrbanQuest; 10-20-2010 at 09:51 PM..
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Old 10-21-2010, 09:33 AM
 
Location: SouthCentral Texas
3,855 posts, read 4,086,323 times
Reputation: 957
Quote:
Originally Posted by UrbanQuest View Post
Just thought I would add a few facets to the birthright citizenship dilemma that just occured to me.

1. When considering "subject to the jurisdiction of" and citizenship together here are a few logical assumptions.
-Since jurisdiction general means defining power over something or someone, then we are exercising this power by granting citizenship to these children born to illegal aliens. It seems to me, that this power is bending and convaluted. We basically have decided that we have jurisdiction over illegal aliens by deporting them if they are caught. We could grant them amnesty if we wished to, even if this overrides any former actions of authority. So then if we decide that "jurisdiction" over these children means that their citizenship is to assigned to the current citizenship of their parents. This is reaonable considering only children of U.S. citizens born abroad can gain citizenship as a "U.S. citizen born abroad".

-Here are some old and very outdated laws still on the books, do we need a "constitutional amendment" to change them to?

AL: Children of incestuous couples are deemed legitimate.?!?!?!?
Fairfield, IL: It is unlawful for "Negroes" to be within county boundaries from sundown to sunrise.
Minnesota: Citizens may not enter Wisconsin with a chicken on their head.
In wisconsin there is one about not being able to serve a colored person fake margarin or something...

-also interesting. The ninth amendment pretty much sets the barometer on how to read the other amendments in the constitution which generally includes this doctrine;
The Ninth Amendment bars denial of unenumerated rights if the denial is based on the enumeration of certain rights in the Constitution, but does not bar denial of unenumerated rights if the denial is based on the enumeration of certain powers in the Constitution.[15] It is to that enumeration of powers that the courts have said we must look, in order to determine the extent of the unenumerated rights mentioned in the Ninth Amendment
Your contention is correct; and the means of that "change" is amending Section 1 of the 14th Amendment of the Constitution. Your second contention that the 9th Amendment is a "barometer on how to read other Amendment" is not wholy correct. the 9th Amendment to the Constitution conveys that not all Rights for the People are enumerated in the Constitution(Bill of Rights), and are therefore should not be excluded or infringed.

Last edited by 1751texan; 10-21-2010 at 10:11 AM..
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