Saturday, October 17, 2020

Counting Non_Citizens To Allocate House Seats?

 

  • At the time of the founding of our Republic there were no real bars to anyone entering our Nation except for, after a date-certain, slaves. 

    But, was there any intent on the part of the Founders to exclude those not citizens from being counted, every ten-years, as the basis of allocating seats in The House Of Representatives? 

    If, and only if, their intent was to count (ie For the purpose of allocating seats in the House) only citizens (And, then, slaves as 2/3 of free men) then aliens, until they became citizens, must be excluded from such counts for allocation of seats in The House Of Representatives.

     Going back-in-time, towards 1789, the below provided item may give some hint of the thinking before too many judges began "making law" AND "amending the Constitution" "from the bench".

    I now ask those "Learned In The Law" to comment on the above.

    It might be well to delay any hearing(s) on the counting of immigrants until after the expected confirmation of tie breaking Amy Coney Barrett to a seat on SCOTUS---And enable/allow her to consider the written and any oral pleadings on this case. [It appears that Nominee Amy Coney Barrett is a very strong "believer" in interpenetrating the 1789 Constitution Of The United States and its amendments according to the intent of the authors of those most basic laws and that to override any contrary judicial/legislative/executive actions or rulings (Which position I, most strongly, support!)]

                              Curiously and constitutionally yours,
                                                                             James Pawlak
    NOTE

    <http://crusaderknight.blogspot.com/2018/10/intent-of-14th-amendments-authors.html>

    Tuesday, October 30, 2018

    Intent Of The 14th Amendment's Authors

    Senator Jacob Howard worked closely with Abraham Lincoln in drafting and passing the Thirteenth Amendment to the United States Constitution, which abolished slavery. He also served on the Senate Joint Committee on Reconstruction, which drafted the Fourteenth Amendment to the United States Constitution. In 1866, Senator Jacob Howard clearly spelled out the intent of the 14thAmendment by stating:

    "Every 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."

    This understanding was reaffirmed by Senator Edward Cowan, who stated:"[A foreigner in the United States] has a right to the protection of the laws; but he is not a citizen in the ordinary acceptance of the word..."

    The phrase "subject to the jurisdiction thereof" was intended to exclude American-born persons from automatic citizenship whose allegiance to the United States was not complete. With illegal aliens who are unlawfully in the United States, their native country has a claim of allegiance on the child. Thus, the completeness of their allegiance to the United States is impaired, which therefore precludes automatic citizenship.





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