Right after the Civil War, the Republican Party passed the 14th Amendment and sent it to the states for ratification, and in 1868, the most important amendment since the Bill of Rights, up to the present day, went into effect!
The excuse of a Republican Party of 2010 now has Representative Steve King of Iowa, one of the most outrageous members of the House, wishing to repeal the birthright citizenship portion of the amendment, put into place 142 years ago!
Constitutional experts say this attempt to take away citizenship from children born of illegal immigrants would be unconstitutional, but the plan is to pass legislation and have it challenged, and then push for a constitutional amendment to ban “anchor babies”!
Others, including Senator Chuck Grassley of Iowa and Senator Lindsey Graham of South Carolina have also backed such an idea, which would be setting up a new category of children born in the United States, who would be technically stateless!
If such a law or amendment was passed, it would be a violation of human rights, but it is certain no such amendment could pass, since it would require a two thirds vote of both houses of Congress, and thankfully, such despicable thoughts are not shared by that large a number of the members of Congress! 🙁
The 14th Amendment was ratified in 1868, after the Civil War. It effectively nullified a Supreme Court Decision (Dred Scott) which held that Blacks were not citizens. It was specifically intended to grant legal and civil rights to Black People, brought here as slaves, and their children. The 1924 Citizen Act, later included Native Americans, Aleutians and Eskimos. This excluded children born to ambassadors, foreign ministers, aliens and other visitors to this country, by limiting it to those “subject to the jurisdiction thereof†(political jurisdiction of the U.S.). Meaning that foreigners, who are citizens of another country, therefore subject to the jurisdiction of that country, cannot claim U.S. citizenship for their children, based upon their birth on U.S. soil. Author Senator Jacob Howard, (1862-1871) and the States who ratified the 14th amendment never intended to grant Carte Blanche citizenship. The misinterpretation of an 1889 Supreme Court Case (Wong Kim Ark) laid the foundation for the modern misconception that every baby born on U.S. soil is automatically a citizen of the U.S. The opinion referred to “a legal domicile†for establishing the legality of immigrants. The absurdly false premise that became commonly accepted was that illegal aliens could have a legal domicile.
As responsible citizens we all need to study and understand the U.S. Constitution.
In his work, “Blunders of the Supreme Court of the United States, Part 3” (online), the author, Dan Goodman, shows with cases from the Supreme Court that the political jurisdiction of the United States does not extend to the several States, but only to the District of Columbia, its territories and possessions, and federal enclaves with the several States of the Union and that one born in a State of the Union is subject to the political jurisdiction of that State and not that of the United States.
So birthright citizenship does not apply to the several States of the Union!
This article can be read at these two links:
http://www.docstoc.com/docs/81552988/Blunders-of-the-Supreme-Court-of-the-United-States-_-Part-3
http://www.scribd.com/doc/57701755/Blunders-of-the-Supreme-Court-of-the-United-States-Part-3