We’ve all heard the stats: currently, only the United States grants birthright citizenship to illegal aliens and 8% of babies born in the US are so-called “anchor babies” born of illegal aliens. In and of itself, this doesn’t constitute a crisis, but, for many of us, it does illustrate how far we’ve strayed from the Constitution.
Like all babies, “anchor babies” too are sweet and cuddly, and deserving of mother’s love and society’s protection. But automatically conferring citizenship on babies of illegal aliens is an ideologically-motivated perversion not only of internationally accepted legal norms, but, much more importantly, of the Constitution itself.

By nimbly mischaracterizing the motives of birthright citizenship opponents, many in the media and blogosphere—to include attorneys who should know better-- have irresponsibly misrepresented the framers’ intent and have reduced the level of discourse on this legitimate constitutional issue to that of ad hominem, race-baiting, specious legal citations, contrived legal justifications, and mindless pandering. Shamelessly seeking ideological and political supremacy, to these people the Constitution and the rule of law mean absolutely nothing. And for a nation which once prided itself as being a “nation of laws”, that is inexcusable.

During an interview with Mr. Trump last night, what annoyed me greatly was Bill O'Reilly's characteristically bombastic--and wholly erroneous--claim that "the 14th Amendment says that any person born on US soil is a US Citizen. Period".  Poppycock! He couldn't have carefully read the amendment at all to reach this specious conclusion. And the fact that even Judge Napolitano, a Libertarian jurist, a few days earlier asserted this revisionist and ignorant view is nothing short of bewildering and troubling.  But, this does underscore just how flawed and fallible jurists and seemingly bright, well-informed talking heads really are.

That said, for my own edification I decided to take the time to again review the actual words of the 14th’s framers, pertinent case law and the opinions of jurists and legal scholars on both sides of the question to determine the truth in this matter.

Here are my findings and conclusions:

First, while researching pertinent materials, I soon discovered that understanding the clear intent and meaning of the 14th Amendment was much simpler than anticipated. In fact, the meaning of the 14th was surprisingly straightforward. Lesson learned: if one simply abandons one’s ideological blinders for a moment and commit to an honest effort to objectively review a constitutional issue, clarity is nearly always one’s reward.

It also became apparent that from a strictly Constitutional standpoint, and despite many assertions to the contrary from both the left and the right, a constitutional amendment is NOT needed to deny US Citizenship to anchor babies of illegal entrants. In short, I was unable to find ANY convincing constitutional evidence that so-called anchor babies can legitimately and automatically acquire U.S citizenship. Thus, a simple act of Congress--and most certainly NOT an amendment to the Constitution—to clarify the original intent and meaning of the 14th Amendment is all that is really needed to resolve this issue once and for all.

Toward this end, introduced on April 2nd, 2009, and co-sponsored by 93 congressmen, inclusive of one lonely Democratic supporter, Mississippi’s Gene Taylor, HR 1868 (Birthright Citizenship Act of 2009) intended to amend section 301 of the Immigration and Nationality Act to provide that a person born in the US is “subject to the jurisdiction” of the US for citizenship purposes if the person is born in the US of parents, one of whom is: 1) a US citizen or national; 2) a lawful permanent resident alien who resides in the US; or 3) an alien performing military service in the US Armed Forces.” And if one simply reviews the original meaning of the 14th Amendment one can easily see that there was absolutely nothing at all revolutionary about this bill's language. In any event, the bill failed.

Intended to protect the rights of emancipated Negroes, the 14th Amendment specifically provided that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.”

And as I very quickly learned, of central importance in this statement is the phrase “subject to the jurisdiction thereof”, something birthright citizenship proponents have consistently and very conveniently ignored.

To begin, Sen. Jacob Howard of Michigan, co-author of the 14th Amendment, expressly asserted that “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.” And it is in this plain-spoken construction birthright proponents somehow discover ambiguity or a totally different meaning. Amazing!
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Under Section 1992 of the US Revised Statutes, the same Congress which adopted the 14th Amendment confirmed that “all persons born in the United States who are not aliens, excluding Indians not taxed, are declared to be citizens of the United States.”

In 1873, the US Atty Gen ruled the word “jurisdiction” under the Fourteenth Amendment to mean the absolute and complete jurisdiction. Aliens, among whom are persons born here and naturalized abroad, dwelling or being in this country, are subject to the jurisdiction of the US but only to a limited extent. Political and military rights do not pertain to them.”

Sen. Trumbell noted during the drafting of the 14th Amendment that it was the amendment’s goal to “make citizens of everybody born in the US who owe allegiance to the US,” and if “the negro or white man belonged to a foreign government he would not be a citizen.”

On March 1, 1866, Rep. James Wilson of Iowa, House Judiciary Committee, added that “we must depend on the general law relating to subjects and citizens recognized by all nations for a definition, and that must lead us to conclude that every person born in the US is a natural-born citizen of such States, except that of children born on our soil (jus soli) to temporary sojourners or representatives of foreign governments.” This statement served to nicely clarify Sen. Howard’s construction above.

John Bingham, framer of the 14th Amendment’s first section, stated that Sec. 1992 of the Revised Statutes meant “every human being born within the jurisdiction of the US of parents not owing allegiance to any foreign sovereignty is, in the language of the Constitution itself, a natural born citizen.”

And if we reach way back to our founders in search of a definition of citizens of a foreign power, Thomas Jefferson said “Aliens are the subjects of a foreign power.”

To a man, among the framers the premise behind “within the jurisdiction thereof” was that all children born to parents who owed no foreign allegiance were to be citizens of the US; thus, not only must a child be born on US soil (jus soli) but born of parents whose complete allegiance is to the US.

Subsequently, Sen. Howard further explained that “only thru expatriation, which could be accomplished thru law alone, and not thru any immigrant acting on his own outside the law—and certainly not by any act of birth alone—could an alien become a citizen.” This, of course, would mean that the alien/sojourner would need to affirmatively renounce his allegiance to his/her country of origin before s/he could be considered completely within the jurisdiction of the US.

Sen. Howard also stated the following: “…the word 'jurisdiction', as here employed, ought to be construed so as to imply a full and complete jurisdiction on the part of the US, coextensive in all respects with the constitutional power of the US, whether exercised by Congress, the executive, or the judiciary; that is to say, the same jurisdiction in extent and quality as applies to every citizen of the US now.” In effect, he was saying that an alien may, by treaty arrangements with his country of origin, avail himself of the protection of the US, much as sojourning US citizens in the alien’s country of origin would avail themselves of that country’s protection, but that an alien's physical presence in the US alone would not render him/her under the "complete jurisdiction" of the US. Simple enough.

The rationale behind not granting automatic citizenship can be easily illustrated by the fact that Indians could not be subject to the jurisdiction of the US because the US dealt with them through treaties. By logical extension, aliens sojourning in the US are extended privileges and protections by virtue of treaties in force with their countries of origin, much as American citizens are granted similar rights and privileges—but not citizenship--when sojourning in those countries. Logically, therefore, only if an alien voluntarily and affirmatively renounces his citizenship and expresses an intent to swear allegiance to the US may the alien, through operation of law (a formal naturalization process) be granted US citizenship. Thus, in a nutshell, since neither children of tourists/sojourners nor of diplomats born in the US can be US citizens, children of illegal entrants cannot be lawfully granted the privilege of US citizenship.

In 1867, George Yeaman, American Minister to Denmark, in his highly respected treatise on allegiance and citizenship and for whom the framers had great respect, asserted that “the idea of a double allegiance and citizenship united in the same person, and having reference to two separate, independent, and sovereign nations or governments, is simply an impossibility.” Thus, dual citizenship was also a no-no. (Take note, BHO.)

P. A. Madison, a modern day master of constitutional analysis, points out that “since illegal aliens are unlawfully in the US, their native country has a proper and primary claim of allegiance on the child. Thus, the completeness of their allegiance to the US is impaired, which therefore precludes automatic citizenship.” Slam dunk obvious, I’d say.

Also, Rep. Aaron Sargent, a representative from California during the Naturalization Act of 1870 debates, said the 14th Amendment’s citizenship clause was not a de-facto right for aliens to obtain citizenship. Significantly, none of his contemporaries disputed that assertion.

Adding to this mix, here is a little case law since the 14th’s ratification.

In the Slaughterhouse Cases(1873), the Supreme Court observed that the 14th Amendment overturned the Dred Scott decision by making all persons born within the United States and subject to its jurisdiction, citizens of the US; the ruling went on to point out “that [the 14th Amendment’s] main purpose was to establish the citizenship of the Negro” and that “the phrase ‘subject to its jurisdiction’ was intended to exclude from its operation children of ministers, consuls, AND citizens or subjects of foreign states born within the United States", thus reinforcing Sen. Howard’s construction above. So, since they cannot be subject to US jurisdiction, children of citizens of foreign sovereignties and children of foreign ministers/consuls/ambassadors cannot be lawfully considered US Citizens. Makes perfect sense.

Then, in Elk v Wilkins (1884), the Supreme Court ruled that the 14th Amendment did not even confer citizenship on Indians—because they were subject to tribal jurisdiction, not U.S. jurisdiction. In effect, the court essentially stated that the status of the parents determines the citizenship of the childand not merely the fortuitous birth of that child on American soil. (Note: not until the Citizens Act of 1924 was U S citizenship granted to American Indians. As with many whimsical court rulings over the years, I was unable to understand the legal grounding for this reversal. Thus, it would seem that judicial arbitrariness is not an affliction peculiar to modern day American courts alone.)

In US v Wong Kim Ark (1889), the courts held that children born in the US of parents of foreign descent who, at the time of the child’s birth are subjects of a foreign power but who have a permanent domicile and residence in the US and are carrying on business in the US, and are not employed in any diplomatic or official capacity under a foreign power, and are not members of foreign forces in hostile occupation of US territory, become a citizen of the US at the time of birth. As expressed in the minority opinion, this decision violated the 14th Amendment. But, in any case, how many new illegal aliens have permanent domiciles in the US and how many of them are carrying on business in the US at the moment of their child's birth on US soil? I suspect precious few. (Note too that the parents of Wong Kim Ark were in the US legally. They were not illegal entrants.)

In Steel v Citizens for a Better Environment (1998), the court stated that “jurisdiction is a word of many, too many, meanings.” Au contraire! As can be clearly seen above, Sen. Trumbell and, yes, Sen. Howard, 14th Amendment co-authors, had long ago provided an unambiguous definition by declaring that “the provision is, that all persons born in the United States, and ‘subject to the jurisdiction thereof’’, are citizens. That means ‘subject to the complete jurisdiction thereof. What do we mean by ‘complete jurisdiction thereof'? Not owing allegiance to anybody else. That is what it means.” And this from the framers' themselves! (Clearly, majority jurists in the Steel v Citizens court didn’t bother to research the framers’ clear intent and meaning. And one must wonder if a neophyte, such as I, can easily deduce original meaning, why can't trained jurists? Could it be incompetence or do political agendas get in the way of constitutional law?)

Despite the clear meaning and intent of the 14th's framers, we fast forward to the somewhat enigmatic ruling in US ex rel. Hintopoulis v Shaughnessy (1982), which some bloggers and others have used to justify birthright citizenship. In that case, and out of whole cloth, somewhere in the ruling it asserted, almost unconsciously/unwittingly, that although a child born in the US to two illegal aliens was a US Citizen (????) that, nonetheless, “suspending the alien parents’ deportation based upon “the accident of birth in the US of their son would be to deprive others, who are patiently awaiting visas…” Thus, since the glancing allusion to the legality of birthright citizenship, though gratuitous—and erroneous—appeared in the text of this suspension of deportation decision, birthright proponents often blithely and excitedly cite this case to substantiate the legality of birthright citizenship. Grabbing at straws, I'd say.

Then, true to activist form, in Plyler v Doe (1982) the court, apparently without access to or proper reliance on the 14th framers’ erudition and written words, mysteriously ruled 5-4 that there is “no plausible distinction” with respect to “jurisdiction” between resident aliens who entered the country lawfully and those resident aliens who entered unlawfully. Wowee! Clearly a yawning violation of the framers’ clear meaning and intent. Seems judicial activism was as alive and well in 1982 as it is today.

To me, these two rulings which capriciously and arrogantly turned Thomas Jefferson and the framers of the 14th on their heads are clearly unlawful at worst, convenient contrivances at best.

When I explained all this on-line to an attorney who is also a strong proponent of birthright citizenship, this was her reply: “I disagree with your interpretation of the phrase ‘subject to the jurisdiction thereof'. The first rule of statutory construction is that we don’t look to the drafters’ intent if the words are plain and unambiguous…If the drafters meant to include some allegiance test, they would have. They didn’t.” That sort of revisionism, gobbledegook, willful ignorance and dishonesty is, folks, what this country is up against. My rejoinder was civil, but to the point: “It wasn’t MY lowly interpretation. It was the framers’ interpretation. But, ignore original intent and meaning? A living constitution is like having no constitution at all. We can merely make it up as we go along and continue to hand-off an increasingly irrelevant document to the next generation. While I sincerely hope this isn’t what you have in mind, at this juncture I can see there’s really nothing more to discuss with you on this or any other constitutional issues. How very sad.”

Finally, based upon what I now understand, we must be faithful to the 14th Amendment framers’ clear intent and meaning—surely a tall order with so many political activists, globalists and social engineers infesting our courts these days. In the case of "birthright citizenship", Congress is constitutionally empowered to re-assert the original meaning of the the 14th Amendment, and that's precisely what it should do.

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Let’s think about this on a grander scale. Is it possible that ISIS leaders would send their pregnant women to birth their children in America?

Oren,

Exactly. Despite the author's contention, O'Reilly was right in his concern over the wording of the 14th Amendment. While the writers of it intended to restrict citizenship in the manner the author of this article expressed, the wording leaves open other interpretations.

So you're correct to say the only way to correct it is through a constitutional amendment. And since Congress is unlikely to propose a corrective amendment, the States must do so through an Article V Convention.

Yet many aggressively reject that approach saying that there's no problem with the 14th Amendment if interpreted according to the original intent. But the catch is IF. Sadly, neither the Courts nor Congress will do so. 

Bob

It will only fester until the American people wake up and speak up! The first amendment gives the people absolute power in all government matters but so far most of us have been too stupid to use it. 

WE ARE A GOVERNMENT OF THE PEOPLE, BY THE PEOPLE AND FOR THE PEOPLE!

BY GOD, WE ARE THE GOVERNMENT! WE THE PEOPLE CAN OVERRULE CONGRESS, THE PRESIDENT AND EVEN THE SUPREME COURT!

I for one am sick and tired of our politicians living high on the hog with taxpayer money!

I STUMP FOR TRUMP, THE ONLY REAL PRESIDENTIAL CANDIDATE IN EITHER PARTY!

MAKE AMERICA GREAT AGAIN! MAKE AMERICA GREATER THAN SHE HAS EVER BEEN

THIS IS WHY THE DONALD MUST BE THE REPUBLICAN NOMINEE AND THE NEXT PRESIDENT OF THE UNITED STATES OF AMERICA! 

WASN'T THIS DONE FOR THE CHILDREN OF FREED SLAVES B/C THEY HAD NO HOME

WHAT IS YOUR AMENDMENT FOR THE INVASION NOW UNDERWAY THANX TO OHITLERS

IGNORING OF THE LAWS.   I SAY USE ART IV SECT 4 NOW.    ENFORCE THE FED IMMIG

LAWS AND THEN MOVE THE BORDER BK TO THE BORDER

Oren,

Group naturalization without an amendment has been done before in the US. It was done with inhabitants of various territories we acquired such as Guam, the American, Samoa.s the US Virgin Islands and Puerto Rico among others. My late grandfather of Puerto Rico was one of those affected.

The 14th Amendment was written 2 years after the 13th due to the racist attitudes of Southern States, which seem to exist in many to this day, when they refused to grant blacks citizenship.

Bob

Oren,

That goes without saying as Article 1 Section 8 gives that authority to Congress, not the Executive or Judicial branches.

Bob

Oren,

I love your knowledge of history. But what about The Battle at Wounded Knee in 1973?

Sorry, I was being onery again. I think the last battles of the official Indian Wars was in the early 1920s between the Paiutes and Mormon settlers and the Apache Wars.

Bob

Sorry Oren, I was being onery as I was battling some super patriots about Cruz's eligibility and their obvious disdain for him due to his not being a WASP. 

You take all thoes cute little Illegal Babys  with their carring  Illegal Mothers and you deport the whole Dam Family ,No Anchor Babys .

That's not possible under current law. That's why we need an amendment to ban anchor baby status.

When legal immigrants came over via Ellis Island they wanted to be working citizens and they took the oath of allegiance to America. In addition, they were honest people who wanted to be an asset to our country. These illegal people here now haven't gone through the system that is expected of immigrants. Hence they are invaders and shouldn't be considered citizens. They are also still loyal to their countries of origion. They send American money "back home" when this should be their only home. They are usurpers. They don't want to give, but to take. No one can tell me that the Vikings of old who invaded various countries were welcomed with opened arms. They were quite simply invaders. They didn't assimilate themselves into these new places and neither do the ones we have here today. In fact they expect the US citizens to assimilate to their way of life. It's backwards from what it's suppose to be and the "lugheads" in Washington are bowing down to them. They have been selling out the true citizens for the vote. I think we're all worth much more than that. I'm tired of hearing about why we can't get rid of them. That's negative thinking. When you consider how much taxpayer money is going to provide for these people we would be saving money in the long run to deport them. Hang the expense! Just do it!

Do brown balls matter?

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ALERT ALERT

Goodbye 2020: Clinton Ordered By Federal Judge To Submit To Questioning

(TeaParty.org) – Just when Hillary Clinton began hinting that she’s ready to run again in 2020, she has been ordered by a federal judge to submit to questioning about the use of her private email server to convey classified documents during her time as Secretary of State.

U.S. District Court Judge Emmet Sullivan made the order as part of a lawsuit from conservative watchdog group Judicial Watch.

“Court rules late today Hillary Clinton must answer more email questions — including key q’s about the setting up of her email system,” wrote Judicial Watch President Tom Fitton in a tweet following the ruling.

Judicial Watch 🔎 @JudicialWatch

BREAKING: Judicial Watch announced today that, following JW's court battle, U.S. District Court Judge Emmet G. Sullivan ruled that Hillary Clinton must answer – under oath – two additional questions on her controversial email system within 30 days.

Judicial Watch: Federal Court Ordered Hillary Clinton to Answer Additional Email Questions Under...

 (Washington, DC) –Judicial Watch announced today that U.S. District Court Judge Emmet G. Sullivan ruled that within 30 days Hillary Clinton must answer under oath two additional questions about her...

judicialwatch.org
Tom Fitton  @TomFitton

Breaking: Court rules late today Hillary Clinton must answer more email questions -- including key q's about the setting up of her email system. Court denied our request to unseal vid depositions of Clinton aides. Great work by Michael Bekesha!

As a statement from Judicial Watch explains, the ruling is the latest development in the group’s Freedom of Information Act lawsuit, which they began to discover why former deputy chief of staff to Mrs. Clinton, Huma Abedin, was allowed to work at the State Department while also engaged in “outside employment.”

Clinton now has 30 days to answer two key questions from a list of 25 questions composed by Judicial Watch.

The questions the judge selected are:

1) “Describe the creation of the clintonemail.com system, including who decided to create the system, the date it was decided to create the system, why it was created, who set it up, and when it became operational.”

During your October 22, 2015 appearance before the U.S. House of Representatives Select Committee on Benghazi, you testified that 90 to 95 percent of your emails “were in the State’s system” and “if they wanted to see them, they would certainly have been able to do so.” Identify the basis for this statement, including all facts on which you relied in support of the statement, how and when you became aware of these facts, and, if you were made aware of these facts by or through another person, identify the person who made you aware of these facts.

This new development is huge because it means that the two critical scandals from Clinton’s time in the State Department, her private email server and the Benghazi attacks, are facing fresh scrutiny in both the legal system and the court of public opinion.

And while Clinton likely had little chance of any run in 2020, this makes it even less likely she will stand even a shred of a chance.

We’ve have got to hope and pray that at long last, this leads to the long overdue criminal charges we’ve all been waiting to see.

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