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The correct interpretation of the 14th Amendment is that an illegal alien mother is subject to the jurisdiction of her native country, as is her baby.
Over a century ago, the Supreme Court appropriately confirmed this restricted interpretation of citizenship in the so-called "Slaughter-House cases" [83 US 36 (1873) and 112 US 94 (1884)]13. In the 1884 Elk v.Wilkins case12, the phrase "subject to its jurisdiction" was interpreted to exclude "children of ministers, consuls, and citizens of foreign states born within the United States." In Elk, the American Indian claimant was considered not an American citizen because the law required him to be "not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction and owing them direct and immediate allegiance."
citizenship The Court essentially stated that the status of the parents determines the of the child. To qualify children for birthright citizenship, based on the 14th Amendment, parents must owe "direct and immediate allegiance" to the U.S. and be "completely subject" to its jurisdiction. In other words, they must be United States citizens.
Congress subsequently passed a special act to grant full citizenship to American Indians, who were not citizens even through they were born within the borders of the United States. The Citizens Act of 1924, codified in 8USCSß1401, provides that:
The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe.
In 1889, the Wong Kim Ark Supreme Court case10,11 once again, in a ruling based strictly on the 14th Amendment, concluded that the status of the parents was crucial in determining the citizenship of the child. The current misinterpretation of the 14th Amendment is based in part upon the presumption that the Wong Kim Ark ruling encompassed illegal aliens. In fact, it did not address the children of illegal aliens and non-immigrant aliens, but rather determined an allegiance for legal immigrant parents based on the meaning of the word domicil(e). Since it is inconceivable that illegal alien parents could have a legal domicile in the United States, the ruling clearly did not extend birthright citizenship to children of illegal alien parents. Indeed, the ruling strengthened the original intent of the 14th Amendment.
The original intent of the 14th Amendment was clearly not to facilitate illegal aliens defying U.S. law and obtaining citizenship for their offspring, nor obtaining benefits at taxpayer expense. Current estimates indicate there may be between 300,000 and 700,000 anchor babies born each year in the U.S., thus causing illegal alien mothers to add more to the U.S. population each year than immigration from all sources in an average year before 1965.
This still leaves the question of how it is interpreted as a right of birth citizenship.
The current misinterpretation of the 14 amendment is working too well for the left wing amnesty progressive democrats currently in control of Congress to expect any changes in the misinterpretation of the 14th amendment anytime soon. We obviously have 18 years of democratic welfare conditioned future democratic voter anchor baby crops built into the system. That's between 300,000 and 700,000 anchors who have been democratic welfare conditioned into future democratic voters turning 18 each and every year! It's obvious that the left wing amnesty progressive democrats that control Congress now would fight and be able to stop any movement to change the misinterpretation of the 14th amendment.
Hopefully, the Teabagger movement will be successful in replacing a substantial number of left wing amnesty progressive democrats with conservatives candidates in the Nov elections. If enough left wing amnesty progressive democrats are in fact removed in Nov it might actually be possible to remove all pregnant illegal alien women in the country en masse before they give birth to their anchors which would prevent the usual 18 years of welfare for these anchors. This would effectively stop the anchor baby abuse industry of adding any new crops of welfare dependent future democratic voter anchors to the already backlog of 18 years of anchors until the misinterpretation of the 14th amendment could actually be fixed.
<<If enough left wing amnesty progressive democrats are in fact removed in Nov it might actually be possible to remove all pregnant illegal alien women in the country en masse before they give birth to their anchors >>
Or we might even get one to sposor a bill stating specifically that children born to illegal alien parents are not cicitzens.
<<If enough left wing amnesty progressive democrats are in fact removed in Nov it might actually be possible to remove all pregnant illegal alien women in the country en masse before they give birth to their anchors >>
Or we might even get one to sposor a bill stating specifically that children born to illegal alien parents are not cicitzens.
I think there is one already that hasn't been brought to the floor for debate yet. It needs to be given a big push.
I think there is one already that hasn't been brought to the floor for debate yet. It needs to be given a big push.
You actually think that Pelosi and the left wing amnesty progressive democrats would ever let this bill be brought up to the floor before the Nov election left wing amnesty progressive democratic housecleaning?
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