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Thread: State lawmakers taking aim at amendment granting birthright citizenship

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    Re: State lawmakers taking aim at amendment granting birthright citizenship

    Quote Originally Posted by TacticalEvilDan View Post
    To exclude the children of foreign diplomats.
    So not everyone born here at the time the 14th was written got automatic citizenship and it was more than just the children of foreign diplomats that were excluded. If the children born in the US to those who had legal permission to be in the US (diplomats, native Americans,people born on US territories and etc) did not have birthright citizenship before the Indian citizenship act of 1924 and the nationality act of 1940 were written, how is it that people born here to those who had no legal right to be in the country get birth right citizenship? Obviously the 14th does not apply to anchor babies of illegals.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

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    Re: State lawmakers taking aim at amendment granting birthright citizenship

    United States v. Wong Kim Ark, which was rendered 30 years after the 14th Amendment was ratified, spells out in plain language that you are wrong with respect to "anchor babies:"

    The 14th Amendment's citizenship clause, according to the court's majority, had to be interpreted in light of English common law,[15] which had included all native-born children except for those who were: (1) born to foreign rulers or diplomats, (2) born on foreign public ships, or (3) born to enemy forces engaged in hostile occupation of the country's territory.[16][17] The majority held that the "subject to the jurisdiction" phrase in the 14th Amendment specifically incorporated these exceptions (plus a fourth — namely, that Indian tribes "not taxed" were not considered subject to U.S. jurisdiction[18][19])—and that since none of these exceptions applied to Wong's situation, Wong was a U.S. citizen, regardless of the fact that his parents were not U.S. citizens (and were, in fact, ineligible ever to become U.S. citizens because of the Chinese Exclusion Act). The opinion emphasized the fact that "during all the time of their said residence in the United States, as domiciled residents therein, the said mother and father of said Wong Kim Ark were engaged in the prosecution of business, and were never engaged in any diplomatic or official capacity under the emperor of China".[20]
    United States v. Wong Kim Ark - Wikipedia, the free encyclopedia
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    Re: State lawmakers taking aim at amendment granting birthright citizenship

    Quote Originally Posted by TacticalEvilDan View Post
    United States v. Wong Kim Ark, which was rendered 30 years after the 14th Amendment was ratified, spells out in plain language that you are wrong with respect to "anchor babies:"



    United States v. Wong Kim Ark - Wikipedia, the free encyclopedia
    You are correct. Would you like to know what is sad? That each of the illegal aliens here isn't Chinese. That would actually elevate the country.

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    Re: State lawmakers taking aim at amendment granting birthright citizenship

    Quote Originally Posted by TacticalEvilDan View Post
    United States v. Wong Kim Ark, which was rendered 30 years after the 14th Amendment was ratified, spells out in plain language that you are wrong with respect to "anchor babies:"



    United States v. Wong Kim Ark - Wikipedia, the free encyclopedia
    Wong's parents were here legally in the US when he was born. Wong was not a anchor baby.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

    Cicero Marcus Tullius

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    Re: State lawmakers taking aim at amendment granting birthright citizenship

    Quote Originally Posted by jamesrage View Post
    Wong's parents were here legally in the US when he was born. Wong was not a anchor baby.
    They were not citizens, nor could they be, given Federal law at the time. Despite that, because Wong was born on US soil, was not the son of a head of state or diplomat or soldier in an invading army or of Native American parents, the circumstances of his birth made him a citizen.
    I'm already gearing up for Finger Vote 2014.

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    Re: State lawmakers taking aim at amendment granting birthright citizenship

    Quote Originally Posted by TacticalEvilDan View Post
    They were not citizens, nor could they be, given Federal law at the time. Despite that, because Wong was born on US soil, was not the son of a head of state or diplomat or soldier in an invading army or of Native American parents, the circumstances of his birth made him a citizen.
    That's all well and good.

    A decision from 1898.

    Time to review.
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    Re: State lawmakers taking aim at amendment granting birthright citizenship

    If were I to agree with you, which I don't, I'd tell you that "review" is going to happen either in the form of another Supreme Court decision or an Amendment.

    It's not going to happen at the level of state law.

    Dot.
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    Just for reference, means my post was a giant steaming pile of sarcasm.

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    Re: State lawmakers taking aim at amendment granting birthright citizenship

    Quote Originally Posted by jamesrage View Post
    So not everyone born here at the time the 14th was written got automatic citizenship and it was more than just the children of foreign diplomats that were excluded. If the children born in the US to those who had legal permission to be in the US (diplomats, native Americans,people born on US territories and etc) did not have birthright citizenship before the Indian citizenship act of 1924 and the nationality act of 1940 were written, how is it that people born here to those who had no legal right to be in the country get birth right citizenship? Obviously the 14th does not apply to anchor babies of illegals.
    It says "subject to the jurisdiction thereof." The easiest way to determine if someone is subject to the jurisdiction of US is to ask yourself if they have any obligation to obey US federal laws while they are within the borders of our country.

    Native Americans on reservations? No. They have sovereignty.
    Diplomats? No. They have diplomatic immunity.
    Immigrants, residents, or aliens (whether legal or illegal)? Yes. Therefore they are subject to the jurisdiction of US law. This very jurisdiction is what gives the federal government the right to deport them in the first place. If they weren't subject to the jurisdiction of the US, then there would be no basis for deporting them.
    Last edited by Kandahar; 01-10-11 at 01:20 AM.
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    Re: State lawmakers taking aim at amendment granting birthright citizenship

    Quote Originally Posted by jamesrage View Post
    Doesn't the constitution trump federal law? So that argument doesn't really fly.



    How are the children of illegals subject when native Americans and diplomats were not?
    Native Americans on tribal reserverations are NOT subject to federal or state law ON those reservations. This is why tribes can get away with gambling casinos in states where gambling is otherwise prohibited, for example.

    Diplomats and their children have diplomatic immunity and are not subject to being charged with a crime in the state to which they are posted.
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    Re: State lawmakers taking aim at amendment granting birthright citizenship

    My main issue with this specific issue is that people are getting citizenship in the United States from an illegal act.

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