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Old 07-13-2016, 05:20 PM
 
Location: The Republic of Texas
60,072 posts, read 30,599,526 times
Reputation: 12813

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The 14th Amendment is one of the most misunderstood, and most cited amendment among all of the amendments in litigation in the United States. Its author, Senator Jacob Howard (R-MI), wrote quite clearly the purpose of the law’s scope when he introduced it:






The 14th Amendment granted citizenship only to the recently freed slaves. It did not grant citizenship to illegal immigrants. It did not grant citizenship to Native American Indians. It did not grant citizenship to foreigners or their children born on U.S. soil.



Its five sections address citizenship rights, equal protection under the law, apportionment, and Civil War debt.
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.


SECTION 2
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States , or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.


SECTION 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.


SECTION 4
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.


SECTION 5
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.







When it was first introduced and debated, controversy surrounded the Amendment mentioning of the role of the states, which President Andrew Johnson opposed.



According to The Federalist Papers Project, Howard wrote, in part, “that 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 excluded:
  • foreigners,
  • aliens,
  • ambassadors’ children, and
  • children of foreign ministers born in the U.S.
Howard specifically wrote that the 14th Amendment:
“will not, of course, include persons born in the United States who are foreigners, aliens, 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.”






Clearly, the 14th Amendment was never intended to be misused as it has been by judges and politicians, who obviously did not understand American history or constitutional law. The 14th Amendment does not grant citizenship to anyone other than the freed slaves of the Civil War. It does not make a citizen of anyone born on U.S. soil. It matters not if the parents are in the U.S. legally or illegally. None are citizens, according to the 14th Amendment.




It is clear the framers of the Fourteenth Amendment had no intention of freely giving away American citizenship to just anyone simply because they may have been born on American soil, something our courts have wrongfully assumed.



But what exactly did "subject to the jurisdiction thereof" mean to the framers of the Fourteenth Amendment? Again, we are fortunate to have on record the highest authority to tell us, Sen. Lyman Trumbull, Chairman of the Judiciary Committee, author of the Thirteenth Amendment, and the one who inserted the phrase:
[T]he provision is, that 'all persons born in the United States, and subject to the jurisdiction thereof, are citizens.' That means 'subject to the complete jurisdiction thereof.' What do we mean by 'complete jurisdiction thereof?' Not owing allegiance to anybody else. That is what it means.



Trumbull continues, "Can you sue a Navajo Indian in court? Are they in any sense subject to the complete jurisdiction of the United States? By no means. We make treaties with them, and therefore they are not subject to our jurisdiction. If they were, we wouldn't make treaties with them...It is only those persons who come completely within our jurisdiction, who are subject to our laws, that we think of making citizens; and there can be no objection to the proposition that such persons should be citizens.[2]



Sen. Howard concurs with Trumbull's construction:
Mr. HOWARD: I concur entirely with the honorable Senator from Illinois [Trumbull], in holding that the word "jurisdiction," as here employed, ought to be construed so as to imply a full and complete jurisdiction on the part of the United States, whether exercised by Congress, by the executive, or by the judicial department; that is to say, the same jurisdiction in extent and quality as applies to every citizen of the United States now.[3]


In other words, only children born to American citizens can be considered citizens of the United States since only a American citizen could enjoy the "extent and quality" of jurisdiction of an American citizen now. Sen. Johnson, speaking on the Senate floor, offers his comments and understanding of the proposed new amendment to the constitution:


The UnConstitutionality of Citizenship by Birth to Non-Americans - The 14th Amendment to the United States Constitution - Fourteenth Amendment - anchor babies and birthright citizenship - interpretations and misinterpretations - US Constitution

14th Amendment Doesn't Grant Citizenship to Foreigners Born in US
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Old 07-13-2016, 07:04 PM
 
2,427 posts, read 784,577 times
Reputation: 3114
It doesn't matter what some people thought the wording meant or wanted it to mean back then, the wording in Section 1 is quite clear. Anyone born here is a citizen.
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Old 07-13-2016, 07:06 PM
 
3,853 posts, read 1,595,326 times
Reputation: 2617
Oh good, next group of people to bash!!! How fun. The whole black bashing was seriously getting to be a bore. Bwahahahaha
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Old 07-13-2016, 07:27 PM
 
19,237 posts, read 11,137,433 times
Reputation: 8386
All those poor military kids!!! OMG dad died in war--- and you are not welcomed in the US - as you were born OS--GASP better get rid or Cruz FAST!
buddy get over it- life must change- laws must change- and somethings just need tweaking - if anyone tries to take my voting card out of my hand--they will be crying momma
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Old 07-13-2016, 07:31 PM
 
Location: FL
14,389 posts, read 8,047,079 times
Reputation: 3382
Quote:
Originally Posted by BentBow View Post
The 14th Amendment is one of the most misunderstood, and most cited amendment among all of the amendments in litigation in the United States. Its author, Senator Jacob Howard (R-MI), wrote quite clearly the purpose of the law’s scope when he introduced it:






The 14th Amendment granted citizenship only to the recently freed slaves. It did not grant citizenship to illegal immigrants. It did not grant citizenship to Native American Indians. It did not grant citizenship to foreigners or their children born on U.S. soil.



Its five sections address citizenship rights, equal protection under the law, apportionment, and Civil War debt.
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.


SECTION 2
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States , or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.


SECTION 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.


SECTION 4
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.


SECTION 5
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.







When it was first introduced and debated, controversy surrounded the Amendment mentioning of the role of the states, which President Andrew Johnson opposed.



According to The Federalist Papers Project, Howard wrote, in part, “that 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 excluded:
  • foreigners,
  • aliens,
  • ambassadors’ children, and
  • children of foreign ministers born in the U.S.
Howard specifically wrote that the 14th Amendment:
“will not, of course, include persons born in the United States who are foreigners, aliens, 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.”






Clearly, the 14th Amendment was never intended to be misused as it has been by judges and politicians, who obviously did not understand American history or constitutional law. The 14th Amendment does not grant citizenship to anyone other than the freed slaves of the Civil War. It does not make a citizen of anyone born on U.S. soil. It matters not if the parents are in the U.S. legally or illegally. None are citizens, according to the 14th Amendment.




It is clear the framers of the Fourteenth Amendment had no intention of freely giving away American citizenship to just anyone simply because they may have been born on American soil, something our courts have wrongfully assumed.



But what exactly did "subject to the jurisdiction thereof" mean to the framers of the Fourteenth Amendment? Again, we are fortunate to have on record the highest authority to tell us, Sen. Lyman Trumbull, Chairman of the Judiciary Committee, author of the Thirteenth Amendment, and the one who inserted the phrase:
[T]he provision is, that 'all persons born in the United States, and subject to the jurisdiction thereof, are citizens.' That means 'subject to the complete jurisdiction thereof.' What do we mean by 'complete jurisdiction thereof?' Not owing allegiance to anybody else. That is what it means.



Trumbull continues, "Can you sue a Navajo Indian in court? Are they in any sense subject to the complete jurisdiction of the United States? By no means. We make treaties with them, and therefore they are not subject to our jurisdiction. If they were, we wouldn't make treaties with them...It is only those persons who come completely within our jurisdiction, who are subject to our laws, that we think of making citizens; and there can be no objection to the proposition that such persons should be citizens.[2]



Sen. Howard concurs with Trumbull's construction:
Mr. HOWARD: I concur entirely with the honorable Senator from Illinois [Trumbull], in holding that the word "jurisdiction," as here employed, ought to be construed so as to imply a full and complete jurisdiction on the part of the United States, whether exercised by Congress, by the executive, or by the judicial department; that is to say, the same jurisdiction in extent and quality as applies to every citizen of the United States now.[3]


In other words, only children born to American citizens can be considered citizens of the United States since only a American citizen could enjoy the "extent and quality" of jurisdiction of an American citizen now. Sen. Johnson, speaking on the Senate floor, offers his comments and understanding of the proposed new amendment to the constitution:


The UnConstitutionality of Citizenship by Birth to Non-Americans - The 14th Amendment to the United States Constitution - Fourteenth Amendment - anchor babies and birthright citizenship - interpretations and misinterpretations - US Constitution

14th Amendment Doesn't Grant Citizenship to Foreigners Born in US
Read and comprehend Section 1
"All persons born or naturalized in the United States,"
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Old 07-13-2016, 07:32 PM
 
Location: The Republic of Texas
60,072 posts, read 30,599,526 times
Reputation: 12813
Quote:
Originally Posted by tinytrump View Post
All those poor military kids!!! OMG dad died in war--- and you are not welcomed in the US - as you were born OS--GASP better get rid or Cruz FAST!
buddy get over it- life must change- laws must change- and somethings just need tweaking - if anyone tries to take my voting card out of my hand--they will be crying momma


Howard specifically wrote that the 14th Amendment:
“will not, of course, include persons born in the United States who are foreigners, aliens, 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.”
Reply With Quote Quick reply to this message
 
Old 07-13-2016, 08:01 PM
 
Location: Brawndo-Thirst-Mutilator-Nation
15,148 posts, read 15,204,207 times
Reputation: 10872
Doesn't really matter what you want the 14th to mean.......the rubber hits the road with what is actually applied.
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Old 07-13-2016, 08:01 PM
 
25,060 posts, read 22,106,910 times
Reputation: 11576
Quote:
Originally Posted by tinytrump View Post
All those poor military kids!!! OMG dad died in war--- and you are not welcomed in the US - as you were born OS--GASP better get rid or Cruz FAST!
buddy get over it- life must change- laws must change- and somethings just need tweaking - if anyone tries to take my voting card out of my hand--they will be crying momma
Don't be silly, Cruz isn't an anchor baby, he's a Republican
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Old 07-13-2016, 08:03 PM
 
Location: The Republic of Texas
60,072 posts, read 30,599,526 times
Reputation: 12813
Quote:
Originally Posted by tickyul View Post
Doesn't really matter what you want the 14th to mean.......the rubber hits the road with what is actually applied.

It is all about intent......

Precedent has been set, for a rehearing.
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Old 07-13-2016, 08:04 PM
 
Location: Florida
21,492 posts, read 10,398,234 times
Reputation: 7770
Plus if an invasion occurs they are not to become citizens.. we are being invaded.
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