Tuesday, May 01, 2007
Children Of Illegal Immigrants
If
Ivan Boris Doe and Juan Batista Roe embezzle money from their
employers, fail to pay lawful taxes, rob banks and on-the-street
citizens and put all of their illegal gains in a trust fund for their
children, are those children entitled to those funds? I
think not.
If Ivan Boris Doe and Juan Batista Roe illegally come to the USA and engender children here, are those children entitled to the benefits of US citizenship? That is a debatable legal issue!
Section-1 of the 14th Amendment to our Constitution gives the rights of citizenship only to those persons under the jurisdiction of this nation. Illegal immigrants have, by their unlawful entry into the USA, avoided that jurisdiction. Therefore, they have no more rights to give the highly valued fact of citizenship to their children born here than would the above noted Ivan Doe or Juan Roe have to pass on their ill gotten gains to their children.This concept has not been tested in the Courts; But, it should be. After all, the 14th Amendment was designed to deal with slaves who had just been given freedom and NOT immigrants.
If Ivan Boris Doe and Juan Batista Roe illegally come to the USA and engender children here, are those children entitled to the benefits of US citizenship? That is a debatable legal issue!
Section-1 of the 14th Amendment to our Constitution gives the rights of citizenship only to those persons under the jurisdiction of this nation. Illegal immigrants have, by their unlawful entry into the USA, avoided that jurisdiction. Therefore, they have no more rights to give the highly valued fact of citizenship to their children born here than would the above noted Ivan Doe or Juan Roe have to pass on their ill gotten gains to their children.This concept has not been tested in the Courts; But, it should be. After all, the 14th Amendment was designed to deal with slaves who had just been given freedom and NOT immigrants.
The
intent of that Amendment had nothing to do with the children of
illegal immigrants. Any Executive Order or Act-Of-Congress would only
return the law from its unwarranted expansion by Judges."making
law from the bench" to the meaning of the Authors of the 14th
Amendment.
Tuesday, October 30, 2018
Intent Of 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.
(Underling added)
Friday, March 31, 2017
Proposed Constitutional Amemendments
Concerning
Immigration & Citizenship: Persons who illegally
enter the United States or illegally remain there after a legal entry
or who have falsely applied for citizenship may be immediately
removed from the Nation or confined until removal upon only evidence
of of those illegal actions. The children of such persons are not
citizens of the United States by reason of their birth in our nation
but have and maintain the citizenship held by their parent(s). (This
article protects the value of lawful citizenship in the USA and is
consistent with many nation's laws.)
CONCERNING
LIMITING JUDICIAL ACTIONS: A. Any judicial decision
limiting or overturning an act of the Congress as executed by the
President is limited to the judicial district or circuit in which it
was made until confirmed by The Congress or The Supreme Court Of The
United States; B. Any decision of The Supreme Court Of The United
States may be reversed or nullified by a two-thirds vote of the House
Of Representatives; C. All decisions of the courts of the United
States shall use the intent of the authors of Constitution, its
amendments and the Laws of the United States as the basic authority
and source for such actions. (These provisions return
constitutional power to the People and their democratically elected
representatives as taken from them by individual or small groups of
unelected judges.)
Thursday, March 17, 2016
President Jefferson On The Constitution
On
every question of construction carry ourselves back to the time when
the Constitution was adopted, recollect the spirit manifested in the
debates and instead of trying what meaning may be squeezed out of the
text or invented against it, conform to to the probable one in which
it was passed." [Please
specially note that the term "trying" was used as in
"boiling down" something (eg Whale
blubber or the Constitution) to obtain what the actors
wish (eg Whale oil or perverse decisions by judges
"making law from the bench"; About which "trying"
please see the novel Moby Dick.]
INSULTING PRESIDENT JEFFERSON:
Anyone who diminishes Jefferson's statements must first:
1. Demonstrate their equal or
greater contributions to our Republic; And,
2. Be subject to an
intense-forensic study of their entire life as to sexual or any other
crimes.
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