Quote:
Originally Posted by tonyz
...The 14th amendment just continues to foster immigration abuse wherever it can be exploited.
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The 14th amendment wasn't always interpreted in that way. It's initial purpose was to grant full citizenship rights to newly-freed slaves after the Civil War.
Section 1 reads as follows: "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."
The key to the 14th amendment are those few words "and subject to the jurisdiction thereof..". It was understood that the children of foreign nationals (e.g. diplomats) born on American soil did not automatically become American citizens, because neither they, nor their parents were "subject to the jurisdiction" of the United States or of the state wherein they reside, since they are not American citizens.
They were subject to the jurisdiction of their home countries.
However, with the 1965 Immigration law changes - thanks to that... individual, Ted Kennedy, a horrible precedent was set by the left in their zeal to "remake" America. And that is why we need strict-constitutionalist judges and elected "representatives" that represent the people of these United States, not ethnic advocacy groups or Democratic demagogues.
Here is a snippet from Ann Coulter's article (from Human Events):
"For a hundred years, that was how it stood, with only one case adding the caveat that children born to LEGAL permanent residents of the U.S., gainfully employed, and who were not employed by a foreign government would also be deemed citizens under the 14th Amendment. (United States v. Wong Kim Ark, 1898.)
And then, out of the blue in 1982, Justice Brennan slipped a footnote into his 5-4 opinion in Plyler v. Doe, asserting that “no plausible distinction with respect to Fourteenth Amendment ‘jurisdiction’ can be drawn between resident aliens whose entry into the United States was lawful, and resident aliens whose entry was unlawful.” (Other than the part about one being lawful and the other not.)
Brennan’s authority for this lunatic statement was that it appeared in a 1912 book written by Clement L. Bouve. (Yes, THE Clement L. Bouve — the one you’ve heard so much about over the years.) Bouve was not a senator, not an elected official, certainly not a judge — just some guy who wrote a book.
So on one hand we have the history, the objective, the author’s intent and 100 years of history of the 14th Amendment, which says that the 14th Amendment does not confer citizenship on children born to illegal immigrants.
On the other hand, we have a random outburst by some guy named Clement — who, I’m guessing, was too cheap to hire an American housekeeper."
http://www.14thamendment.us/birthrig...al_intent.html
http://www.federalistblog.us/2007/09..._jurisdiction/
http://www.americanthinker.com/2010/...p_and_the.html
http://www.humanevents.com/2010/08/0...anchor-babies/
http://epubs.utah.edu/index.php/jlfs...iewArticle/497