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Thursday, August 20, 2015

"and subject to the jurisdiction thereof"

The 14th Amendment begins: "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."

Liberals contend that this means you cannot strip citizenship from Anchor Babies, whose mothers are illegal aliens.

Actually you can. American Indians were not considered citizens even though they were born in the United States. Why? The words "and subject to the jurisdiction thereof" qualify the statement. Clearly the amendment meant former slaves were citizens but not Indians. We can debate the unfairness of that call, but that iss what the Constitution says.

6 comments:

  1. Liberals want us to be overrun with illegals, and Europe, too.

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  2. The 14th Amendment was intended to protect the civil rights of former slaves who were freed following the civil war. Since that time, it has become the source of great legal mischief on the part of the SCOTUS and a lot of self-anointed so-called legal experts. The best thing that could happen to this nation would be the repeal of this amendment. The civil war is over, slavery no longer officially exists, and the original, highest purpose of this amendment has long passed from the scene. By now, many of its provisions are written into state constitutions, making a federal declaration of civil rights superfluous. Its main use today is to give judicial cover to Supreme Court judges who prefer to legislate from the bench instead of giving due deference to the Constitutional amendment process.

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  3. Ann Coulter has written a good piece on this issue. I suspect that if Trump were saying that the 14th Amendment did apply to anchor babies the GOP establishment would argue just the opposite. Right now the push is on to get rid of Trump so that Jeb! has a clear path to the nomination in 2016.

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  4. Don Surber: American Indians were not considered citizens even though they were born in the United States. Why? The words "and subject to the jurisdiction thereof" qualify the statement.

    Indians were independent political powers, however, immigrants are under the jurisdiction of the U.S. government, subject to its laws. See United States v. Wong Kim Ark.

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    Replies
    1. His parents were legal immigrants. He was a permanent resident. And John Harlan's dissent should give you pause. No way one can argue someone here Illegally is "subject to the jurisdiction thereof"

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    2. Sure. Try that in court. “I shot a man in Reno just to watch him die, but I’m not under the jurisdiction of your laws. I’m like the ambassador of Don’t Give a Phuck.”

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