Washington D.C. leaders must clarify 'subject of the jurisdiction'
A recent CNN Poll (June 8-11-06) revealed that 67 percent believe our government should deport all illegal aliens, but in some fuzzy logic, 54 percent thought that children born in the United States to illegal aliens' should be citizens.
Now, it is nearly axiomatic that illegal alien parents will not be deported if they have one or more children born in the United States. The problem stems from the erroneous interpretation of 'jurisdiction' by the Supreme Court in United States v. Wong Kim Ark (169 U.S. 649, 1898) of the citizenship clause of Section 1 of the Fourteenth Amendment to our Constitution.
See www.heritage.org/Research/Legalissues/lm18.cfm
"All persons born or naturalized in the United States, and subject to the jurisdicition thereof, are citizens of the United States and of the state wherein they reside..." Although some might argue that the 14th Amendment was not validly ratified, but that is another story.
However, it was clear to the author of the citizenship clause, Sen. Jacob Howard, that everyone understood the intent and meaning when he introduced the clause. Howard testified, so even a delusional Judge could understand the intended meaning of jurisdiction, "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..."
Thus he is just confirming what was already understood to be the national "law of the land."
In other words, it was not enough to be born within the borders of the United States or territories. A few years later Sen. James Kelly corroborated the meaning when he said, "In order to be a citizen of the United States, he must have not only been born within the United States, but born within the allegiance of the United States."
Sen. Lyman Trumbull remarked May 30, 1866, that the jurisdiction clause includes those 'not owing alleglance to anybody else... "Therefore, jurisdiction refers to political jurisdiction in the sense of allegiance and not simply subject to the laws of the United States. All visitors are subject to our laws.
Those advocating birthright citizenship based on geography need to realize this right under the 14th Amendment did not extend to Native Americans, who at the time held allegiance to the tribe rather than the United States. So why should children of illegal aliens become citizens?
Consequently, there is only one way for an alien, including children of aliens, to come under the jurisdiction of the United States, and that is through the process of our naturalization laws.
This process requires that a person renounce all allegiance to his or her country of origin, which in effect brings the alien under the jurisdiction of the United States. Therefore, only a citizen can make a citizen by childbirth; all others require naturalization.
If we are going to use the 14th Amendment as a basis for citizenship, Congress must absolutely clarify the meaning of "subject to the jurisdiction" as based on the original intent and as ratified by the states before continuing debate on immigration reform.
Robert B. Murray II
rbmcjm@msn.com
Jack M. Moutrie
UnhappyAmerican@msn.com
Additional Immigration Information: www.allaboutimmigration.blogspot.com
www.allaboutillegalimmigration.blogspot.com
Tuesday, August 22, 2006
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