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Birthright citizenship

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Should they be repealed.

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  • No

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  • Just close the border..

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Steve

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The following are among the nations repealing Birthright Citizenship in recent years:

Australia (2007)
New Zealand (2005)
Ireland (2005)
France (1993)
India (1987)
Malta (1989)
UK (1983)
Portugal (1981)

the Birthright nations. (the list is shrinking)

Canada
United States

Antigua and Barbuda
Argentina
Azerbaijan
Barbados
Belize
Bolivia
Brazil
Costa Ricah
Dominica
Dominican Republic
Ecuador
El Salvador
Fiji
Grenada
Guatemala
Guyana
Honduras
Jamaica
Lesotho
Mexico
Nicaragua
Pakistan
Panama
Paraguay
Peru Colombia
St. Kitts and Nevis
St. Lucia
St. Vincent and the Grenadines
Trinidad and Tobago
Uruguay
Venezuela

the easy answer would be to repeal the law and add a section to the 14th depriving illegals and non-permanent residences of the birthright.. (sort of a fruits of ill gotten labor amendment)..

8 U.S.C. § 1401 : US Code - Section 1401: Nationals and citizens of United States at birth
http://codes.lp.findlaw.com/uscode/8/12/III/I/1401



Section 1. 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.

should it be repealed ..

I would settle for closing the border, but the federal lawmakers seem incapable of the task.. but when looking at the list, it appears that many civilized countries have realized they can be brought down by rampant foreign immigration with diverging cultures not assimilating..
 

Lonecowboy

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MEXICALI, Mexico — Arrests of illegal migrants trying to cross the southern U.S. border have plummeted to levels not seen since the early 1970s, according to tallies released by the Department of Homeland Security last week, a historic shift that could reshape the debate over immigration reform.

The Border Patrol apprehended 327,577 illegal crossers along the U.S.-Mexico border in fiscal year 2011, which ended Sept. 30, numbers not seen since Richard Nixon was president, and a precipitous drop from the peak in 2000, when 1.6 million unauthorized migrants were caught.
:shock: :shock: :shock:
 

Mike

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Lonecowboy said:
MEXICALI, Mexico — Arrests of illegal migrants trying to cross the southern U.S. border have plummeted to levels not seen since the early 1970s, according to tallies released by the Department of Homeland Security last week, a historic shift that could reshape the debate over immigration reform.

The Border Patrol apprehended 327,577 illegal crossers along the U.S.-Mexico border in fiscal year 2011, which ended Sept. 30, numbers not seen since Richard Nixon was president, and a precipitous drop from the peak in 2000, when 1.6 million unauthorized migrants were caught.
:shock: :shock: :shock:

Don't be so surprised LC. Buckwheat wants the votes and they can't vote unless they're here............................................
 

Lonecowboy

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Mike said:
Lonecowboy said:
MEXICALI, Mexico — Arrests of illegal migrants trying to cross the southern U.S. border have plummeted to levels not seen since the early 1970s, according to tallies released by the Department of Homeland Security last week, a historic shift that could reshape the debate over immigration reform.

The Border Patrol apprehended 327,577 illegal crossers along the U.S.-Mexico border in fiscal year 2011, which ended Sept. 30, numbers not seen since Richard Nixon was president, and a precipitous drop from the peak in 2000, when 1.6 million unauthorized migrants were caught.
:shock: :shock: :shock:

Don't be so surprised LC. Buckwheat wants the votes and they can't vote unless they're here............................................

are you sure about that- strange things happen ib chicago!
 

hypocritexposer

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My understanding is that a repeal would not be necessary, just a definition of "Jurisdiction", made by congress.


Original Intent.....

How could you have a "foreigner" born within the US, if the original intent of the 14th was to provide birthright citizenship to those born in the US?


In 1866, Senator Jacob Howard clearly spelled out the intent of the 14th Amendment by stating:

"Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. 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 accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country."

This understanding was reaffirmed by Senator Edward Cowan, who stated:

"[A foreigner in the United States] has a right to the protection of the laws; but he is not a citizen in the ordinary acceptance of the word..."

http://www.14thamendment.us/birthright_citizenship/original_intent.html
 

Steve

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hypocritexposer said:
My understanding is that a repeal would not be necessary, just a definition of "Jurisdiction", made by congress.


Original Intent.....

How could you have a "foreigner" born within the US, if the original intent of the 14th was to provide birthright citizenship to those born in the US?


In 1866, Senator Jacob Howard clearly spelled out the intent of the 14th Amendment by stating:

"Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. 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 accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country."

This understanding was reaffirmed by Senator Edward Cowan, who stated:

"[A foreigner in the United States] has a right to the protection of the laws; but he is not a citizen in the ordinary acceptance of the word..."

http://www.14thamendment.us/birthright_citizenship/original_intent.html

I would tend to agree foreigners, aliens were not included, but over time the US code has dictated treatment not intended in the Constitution.
and that leaves two solutions,

section 1401 would have to be repealed and a law written that defined foreigners (illegals) a not being included which would clear the way for a supreme court challenge... or even easier, bypass congress and challenge the existing law (code) as unconstitutional.. as it includes foreigners and aliens.. in direct contradiction to the US Constitution.



8 U.S.C. § 1401 : US Code - Section 1401: Nationals and citizens of United States at birth
http://codes.lp.findlaw.com/uscode/8/12/III/I/1401
 

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