14th Amendment does not recognize anchor babies.

[BloodEclipse]

06/25/97 Committee on the Judiciary - Erler Statement

This quoted material is in the public domian:

Senator Jacob Howard, the author of the citizenship clause in the Fourteenth Amendment, defined who would fall within the "jurisdiction of the United States":

[E]very 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, 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. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.
​

Clearly, the author of the citizenship clause intended to count "foreigners," "aliens," and those born to "ambassadors or foreign ministers" as outside the "jurisdiction of the United States." Senator Howard knew, as his reference to natural law indicates, that the republican basis for citizenship is consent. This is the natural law principle of the Declaration of Independence that proclaims that legitimate governments derive "their just powers from the consent of the governed."

 

[Expat]

Everyone knows who it was meant for. It was to keep the freed slaves and their offspring from being disenfranchised (I hope that didn't violate the rule on racial posting). But as is typical the interpretation became something much larger than what was intended.

 

[BloodEclipse]

Everyone knows who it was meant for. It was to keep the freed slaves and their offspring from being disenfranchised (I hope that didn't violate the rule on racial posting). But as is typical the interpretation became something much larger than what was intended.

Exactly.
Those who are out there calling for the removal of the 14th or a new amendment, need to demand that the 14th is followed by it's original intent.

 

[Blackhawk2001]

I read an article by Ann Coulter in Human Events. She said in 1982 Justice William Brennan "slipped a footnote into his 5-4 opinion in Plyler v. Doe asserting that 'no plausible distinction with respect to 14th Amendment 'jurisdiction' can be drawn between resident aliens whose entry into the United States was lawful, and resident aliens whose entry was unlawful' (Other, of course, than the part about one being lawful and the other not.)"

 

[NordicHeathenVinlander]

Well it's a start... My question, will it extend to past anchor babies? Or just new ones?

 

[downzero]

I'm still wondering what enumerated power Congress claims allows it to restrict immigration at all.

Don't give me that nonsensical commerce clause crap, either. That ship has sailed.

 

[Blackhawk2001]

I'm still wondering what enumerated power Congress claims allows it to restrict immigration at all.

Don't give me that nonsensical commerce clause crap, either. That ship has sailed.

I'm sure there's something. After all, if there were no legal restrictions to immigration, under your apparent scenario what would prevent, say the 10, 14, 17, 19, & 25 Chinese People's Armies from sailing over here and landing at various places on the coast, claiming they were "immigrating"...

 

[SemperFiUSMC]

I'm still wondering what enumerated power Congress claims allows it to restrict immigration at all.

Don't give me that nonsensical commerce clause crap, either. That ship has sailed.

Article 1, Section 8

...

To establish an uniform Rule of Naturalization ...

You'll take a whole class on the Constitution in law school.

 

[NordicHeathenVinlander]

I'm sure there's something. After all, if there were no legal restrictions to immigration, under your apparent scenario what would prevent, say the 10, 14, 17, 19, & 25 Chinese People's Armies from sailing over here and landing at various places on the coast, claiming they were "immigrating"...

Does 60 Million count as an invading Army?

 

[Expat]

Article 1, Section 8

...

To establish an uniform Rule of Naturalization ...

You'll take a whole class on the Constitution in law school.

OH ZING!