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As would their offspring be subject to the jurisdiction of their parent's homeland. Therefore they shouldn't be "assumed" citizens just because they were born on our soil. The SC need to re-visit the 14th Amendment and clarify birthright citizenship once and for all.
No they do not. They've already addressed it. Wong Kim Ark. read it and weep birther.
The birthright citizenship is codified in the 14th Amendment. To change an Amendment, requires an Amendment. How do amendments to the US Constitution get made?
IMHO (much less learned than you pseudo lawyers) any illegal immigrant that has made it to this country is very unlikely to consider his residence anything less than permanent. Therefor his children are to be considered citizens.
So whatever he considers himself makes it so on paper or according to our laws?
So whatever he considers himself makes it so on paper or according to our laws?
He could believe he's a pink hippopotamus with purple polka-dots. It matters not what he thinks. The laws says he is subject to our jurisdiction.
Parental citizenship and issues aside, the courts already have ruled that citizenship of parents do not matter (unless they fall into the category of being an Amabassador or a person of an invading/prisoner of war). A person born in the US is subject to jurisdiction. The 14th amendment makes this clear in the very first sentence:
Quote:
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.
As Senator Jacob Howard explained during the drafting of the 14th Amendment concerning the phrase "subject to jurisdiction" the main proposer of the Amendment:[quote][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 person.
[The 14th Amendment] will not include:
- persons born in the United States who are foreigners
- aliens
- persons who belong to the families of ambassadors
- or foreign ministers accredited to the government of the United States
U.S. v. Wong Kim Ark extended birthright citizenship only to those born to alien parents who had an already established permanent domicile in the U.S. Illegal alien parents have no such established permanent domicile in the U.S. They do not have Lawful Permanent Resident status.
No, you do not agree at all, seeing as you can't even get your head around what permanent domicile means.
Are you still butt hurt? You better check yourself, this is a discussion not an argument.
I previously gave the quote form Gray that says the parents established a permanent domicile and residence. If you don't understand that illegals can not do so and that they are not recognized by the state or the State, then they can not establish a permanent domicile nor a residence. They may be residing here, but they are not recognized as resident in the state or the State.
Quote:
Many scholars are just that scholars. You could be agreeing with scholars who are racists who deny that the 14th Amendment gives citizenship at birth despite its exact wording in the first sentence of the Amendment.
So any differing opinion from yours, you label a racist? Those scholars merely claim that it will not take an amending of the 14th to deny status to children born of illegals, it will only take an act from congress or a change to the FAM.
Quote:
Tell us how one goes about changing the US Constitution? (Hint: It involves Amendments).
Those scholars merely claim that it will not take an amending of the 14th to deny status to children born of illegals, it will only take an act from congress or a change to the FAM.
It won't even take an Act of Congress. All it will take is for the federal government to actually uphold the Constitution, including the 14th Amendment, as it currently exists.
Thereby giving credence to the birth on soil to any resident alien and whose parents are under the protection of another government are owing temporary allegiance to the US are subjects (citizens) by birth.
Ive shortened your comment for a purpose and Ive boldened the part of your comment that you have yet to explain.
Illegals can not be conscripted into nor join our military. They have no/nor hold any temporary allegiance to the US.
Quote:
An illegal alien is NEITHER an ambassador or a person of an invading army, so OUR laws apply to them, in their ENTIRETY unless specifically excluded.
Again, boldened for a purpose. Congress can exclude them from attaining citizenship by birth for their children, no amendment needed.
Ive shortened your comment for a purpose and Ive boldened the part of your comment that you have yet to explain.
I already did, several times
An illegal alien is NEITHER an ambassador or a person of an invading army, so OUR laws apply to them, in their ENTIRETY unless specifically excluded.
Quote:
Illegals can not be conscripted into nor join our military. They have no/nor hold any temporary allegiance to the US.
because they are specifically excluded.
Quote:
Again, boldened for a purpose. Congress can exclude them from attaining citizenship by birth for their children, no amendment needed.
No they cannot.
several politicians have tried and failed to get bills and resolutions passed to "change" the meaning of birthright citizenship. they have failed because they cannot get around the first sentence of the 14th Amendment:
Quote:
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.
birthright citizenship is CODIFIED into our US Constitution. Specifically in the 14th Amendment. Congress cannot change the words to an AMENDMENT and its meaning without passing another AMENDMENT.
...Illegals can not be conscripted into nor join our military. They have no/nor hold any temporary allegiance to the US...
But illegal alien males are required to register for the Selective Service, the same as citizen and Legal Permanent Resident males...
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Those scholars merely claim that it will not take an amending of the 14th to deny status to children born of illegals, it will only take an act from congress or a change to the FAM.
