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marmar Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-02-10 08:49 PM
Original message
More Fundie constitutional "experts".......
from the Good Xtians at the American Family Association:



Ending birthright citizenship: don’t amend the Constitution, apply it
Date: 8/2/2010 10:57:07 AM


Comments by Lindsey Graham and John Kyl over the weekend have put the issue of birthright citizenship on the front burner of our debate over immigration.

Sen. Graham wants to propose a constitutional amendment to bring an end to the practice by which the children of illegal aliens born on American soil are automatically granted U.S. citizenship.

But we do not need to amend the Constitution; we just need to apply it. A correct reading of the Constitution indicates that such children are specifically excluded from citizenship.

The clause at issue is found in the 14th Amendment, which reads, “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States...”

A plain reading clearly indicates that birthright citizenship is granted only to those who are “subject to the jurisdiction” of the United States when they are born on American soil. The children of illegal aliens, by definition, are not subject to the jurisdiction of the U.S. That’s why they (the parents) can be deported.

The “jurisdiction” clause was added to the 14th Amendment only after a lengthy debate. According to NumbersUSA, Sen. Jacob Howard of Michigan proposed the amendment because he wanted to make it clear that the simple accident of birth on U.S. soil was not in fact enough to confer citizenship.

Sen. Howard said the jurisdiction requirement is “simply declaratory of what I regard as the law of the land already,” an apparent reference to the Civil Rights Act of 1866, about which more in a moment. .........(more)

The complete piece is at: http://www.afa.net/Blogs/BlogPost.aspx?id=2147497101




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Xipe Totec Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-02-10 08:53 PM
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1. Does this mean the children of sovereign citizens can be denied US citizenship?
:popcorn:
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NutmegYankee Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-02-10 08:55 PM
Response to Reply #1
3. Does it matter?
Separatist nuts have a habit of burning down their compounds and roasting their children before they can grow up...
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Xipe Totec Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-02-10 08:56 PM
Response to Reply #3
5. I'm just askin'...
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BeHereNow Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-02-10 08:54 PM
Response to Original message
2. They never quit, do they?
Can't we just ship them all to an island somewhere?

In time, they would turn their hatred towards one another.
End of problem for the rest of us.

BHN
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L0oniX Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-02-10 08:55 PM
Response to Original message
4. By "apply it" they are referring to that damn piece of (toilet) paper that Bush discarded...
into the crapper.
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Xipe Totec Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-02-10 08:58 PM
Response to Original message
6. "Subject to the jurisdiction" means the US, territories, and US embassies
Edited on Mon Aug-02-10 09:04 PM by Xipe Totec
There is no part of the United States that is not under the Jurisdiction of the United States.

The clause refers to the territory, not the person.

All persons on us territory are under US jurisdiction.

It you were to interpret the laws otherwise, you could not arrest foreign agents on US soil because they would not be subject to US jurisdiction.


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valerief Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-02-10 09:58 PM
Response to Reply #6
7. Yes, I thought everyone in the US was subject to its laws, except for foreign diplomats. nt
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Historic NY Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-02-10 10:12 PM
Response to Original message
8. Who the hell is Sen Jacob Howard? He isn't the US Senator & can't propose legislation.
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