Birthright Citizenship Act would clar...

Birthright Citizenship Act would clarify ‘under the jurisdiction’

There are 22 comments on the www.sonorannews.com story from Dec 7, 2011, titled Birthright Citizenship Act would clarify ‘under the jurisdiction’. In it, www.sonorannews.com reports that:

The Birthright Citizenship Act amends the Immigration and Nationality Act to clarify a person born in the United States "subject to the jurisdiction" of the United States for citizenship at birth if the person is born in the United States of parents, one of whom is: (1) a U.S. citizen or national, (2) a lawful permanent resident alien whose residence is in the United States, or (3) an alien performing active service in the U.S. Armed Forces.

Join the discussion below, or Read more at www.sonorannews.com.

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Since: Apr 10

Houston, TX

#17 Dec 8, 2011
"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..."

The phrase "subject to the jurisdiction thereof" was intended to exclude American-born persons from automatic citizenship whose allegiance to the United States was not complete. With illegal aliens who are unlawfully in the United States, their native country has a claim of allegiance on the child. Thus, the completeness of their allegiance to the United States is impaired, which therefore precludes automatic citizenship."

http://www.14thamendment.us/birthright_citize...
spud

Jersey City, NJ

#18 Dec 8, 2011
This is another example how our elitist representatives refuse to protect the American people and their jobs from this foreign invasion. Between the inaction on this bill as well as HR2885, the E verify bill, Boehner and the Republican leadership have proven that they could care less about the will of the American people. There are still too many Boehners,Grahams McConnels,Bushes, McCains etc. etc. contaminating the Republican party.
CAEI

New York, NY

#20 Dec 8, 2011
CAEI

New York, NY

#21 Dec 8, 2011

“Assimilate & Speak English!”

Since: Jan 07

Lansing, IL - now: Pomp Bch FL

#23 Dec 8, 2011
http://www.federalistblog.us/2007/09/revisiti...

While all States could be said to have recognized birth within the State as a means of conferring State citizenship to all persons, it is important to realize these States also required of aliens who desired to become domiciled within their limits to first renounce any allegiances to other governments and pledge their allegiance solely to the State. Therefore, a child born to domiciled parents was “born within the allegiance” of the State even if the parents had not yet been naturalized.

When steamships came along making it easier for more people to cross the Atlantic and with the arrival of trains, States begun to restrict citizenship via birth by excluding transient aliens or temporary sojourners. Thus, only those who intended to reside and pledge their allegiance to the State through State law could claim citizenship for their children.

As a rule, the nation considered only those patriotic immigrants who came here for the exclusive purpose to settling amongst us, bringing with them wealth, like habits and customs as those worthy to become part of our society. And more importantly, those willing to renounce all prior allegiances to their country of origin and swear fidelity to this one. Paupers, vagabonds and imperialist were universally despised.

Imagine for a moment Congress debating during the constitutional convention, or even years following the adoption of the Constitution, a national criterion for establishing citizenship by birth of all persons as practiced under English common law. Firstly, that would have been rejected by a number of States as placing men of color on an equal footing with the Anglo-Saxon race. This in return forcing perhaps an attempt to compromise using the words “free white men,” with that in return being rejected by some northern States as repugnant of the Declaration’s “all men are created equal.”

So what was to be the premise behind America’s first and only constitutional birthright declaration in the year 1866? Simply all children born to parents who owed no foreign allegiance were to be citizens of the United States – that is to say – not only must a child be born but born within the complete allegiance of the United States politically and not merely within its limits.

There could be no alternative as the United States abandoned the English tradition of “perpetual allegiance” for the principal of expatriation, and thus, children inherit the preexisting allegiance of their father because there is no creation of allegiance through birth alone for foreigners in the United States.

Under Sec. 1992 of U.S. Revised Statutes the same Congress who had adopted the Fourteenth Amendment, confirmed this principle:“All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States.”

Who are the subjects of a foreign power? Thomas Jefferson said “Aliens are the subjects of a foreign power.” Thus, the statute can be read as “All persons born in the United States who are not aliens, excluding Indians not taxed, are declared to be citizens of the United States.”

Chairman of the House Judiciary Committee (39th Congress), James F. Wilson of Iowa, added on March 1, 1866:“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 the conclusion that every person born in the United States is a natural-born citizen of such States, except that of children born on our soil to temporary sojourners or representatives of foreign Governments.”
Pando

Mohave Valley, AZ

#24 Dec 8, 2011
. In the 1884 Elk v.Wilkins case12, the phrase "subject to its jurisdiction" was interpreted to exclude "children of ministers, consuls, and citizens of foreign states born within the United States." In Elk, the American Indian claimant was considered not an American citizen because the law required him to be "not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction and owing them direct and immediate allegiance."
Juan

Pearland, TX

#25 Dec 8, 2011
CAEI wrote:
Deport mexitrash
Something tells me you've never had a real job.

Can you say "would you like fries with that" ?
juan is a fraud

Wilmington, DE

#26 Dec 8, 2011
Juan wrote:
<quoted text>
Something tells me you've never had a real job.
Can you say "would you like fries with that" ?
Something tells us you're a lying sack of chit. Now get back to work mopping up the spill in the seating area...
juan is a fraud

Wilmington, DE

#27 Dec 8, 2011
Juan wrote:
<quoted text>
Something tells me you've never had a real job.
Can you say "would you like fries with that" ?
Oh your skills as a "prognosticator" are sadly lacking...

SSDD eh juanita?
Juan

Pearland, TX

#28 Dec 8, 2011
Fraud.......you sure you aren't Armish......
juan is a fraud

Wilmington, DE

#29 Dec 8, 2011
Juan wrote:
Fraud.......you sure you aren't Armish......
Don't give up that day job mopping up at Mickey D's...a comedian you ain't.

Give it up rico the fictional character known as juan from Pearland, TX has seen it's day. Boring, repetative and frankly not even worthy of even your demented mind.
Juan

Pearland, TX

#30 Dec 9, 2011
Fraud......made $700 for the week.....how bout you, or maybe your unemployment check is late.

I will send $500 to my parents.
khuan

Carmel, IN

#31 Dec 9, 2011
If we can kick the marxist obamanation regime and enough marxist demoratic Senators to the curb in 2012 we can pass legislation to change the 14th Amendment. If we can eliminate the automatic citizenship of children born to illegal aliens in the US we can neutralize the political impact of the current interpretation of the 14th Amendment, and demorats will stop trying to bring in future hispanic demoratic voters.
Juan

Pearland, TX

#32 Dec 10, 2011
What should I buy my girlfriend for Christmas ?
Juanita

De Soto, KS

#33 Dec 10, 2011
Juan wrote:
What should I buy my girlfriend for Christmas ?
A one-way ticket home for she and her kids.
Juanita

De Soto, KS

#34 Dec 10, 2011
Juan wrote:
Fraud......made $700 for the week.....how bout you, or maybe your unemployment check is late.
I will send $500 to my parents.
The IRS will be happy to read your post Juanita!
Juan

Pearland, TX

#35 Dec 10, 2011
My boss pays my taxes...........
jose

Dallas, TX

#36 Dec 11, 2011
Juan wrote:
Fraud......made $700 for the week.....how bout you, or maybe your unemployment check is late.
I will send $500 to my parents.
Juan my compadre. Why you think anybody care about how much money you make or if you send money to parents? I no care. Nobody care how much I make. Why you tell people? You sick person. You should keep personal info to self.
Juan

Pearland, TX

#37 Dec 11, 2011
I am very proud of my skills and the money I make to provide for my families here and in Mexico.

Since: Sep 08

Neon City Oh.

#38 Dec 11, 2011
spytheweb wrote:
"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..."
The phrase "subject to the jurisdiction thereof" was intended to exclude American-born persons from automatic citizenship whose allegiance to the United States was not complete. With illegal aliens who are unlawfully in the United States, their native country has a claim of allegiance on the child. Thus, the completeness of their allegiance to the United States is impaired, which therefore precludes automatic citizenship."
http://www.14thamendment.us/birthright_citize...
How hard is it to understand? The Constitution says what it says, no more, no less.
The opinion of Jacob Howard is no more important than the opinion of Jerome Howard.

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