Thursday, August 27, 2015

14th Amendment to the U.S. Constitution: Babies of illegals are not citizens of the USA







The 14th Amendment of the core laws of our country:

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.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

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Section 1 states persons born in the United States must be subject to the jurisdiction thereof in order to be citizens.  This means that the parents must have a political allegiance to the United States of America.  An illegal alien from China or Guatemala or Australia does not have an allegiance to the USA, they are under the jurisdiction (citizenship) of their home country as any international traveler or diplomat would be.

The Civil Rights Act of 1866, which President Johnson (a Democrat) vetoed but was overridden, declared that:

"all persons born in the United States and not subject to any foreign power [...] are hereby declared to be citizens [...]."

The 14th amendment was authored by congressional Republicans who, after passing the 13th Amendment and the Civil Rights Act, wanted to protect the Civil Rights Act from being declared unconstitutional.

An author of the 14th Amendment, Rep. John A Bingham (Ohio) stated: "I find no fault with the introductory clause, which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen."

In 1866, Senator Jacob Howard (another author of the 14th Amendment) clearly spelled out the intent of the 14th Amendment by writing:

"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."

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 (i.e. some native indians). 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.

The correct interpretation of the 14th Amendment is that an illegal alien mother is subject to the jurisdiction of her native country, as is her baby.

Over a century ago, the Supreme Court correctly confirmed this restricted interpretation of citizenship in the so-called 'Slaughter-House cases' [83 US 36 (1873)] and in [112 US 94 (1884)]. In Elk v.Wilkins, the phrase 'subject to its jurisdiction' excluded from its operation '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.'
The U.S. Constitution in Article 1, Section 8, Clause 4 states that Congress shall have the power to establish a uniform rule of naturalization (not the Executive or Judicial branches of the federal government).

Why did the authors use the term "subject to the jurisdiction"?  It was to prevent confusion over a native indian's allegiance (allegiance to the tribal land or to the USA, had to pick one) and not give blanket citizenship to all native indians.

The U.S. Supreme Court justices have never ruled that children of illegal aliens are US Citizens.  Hospitals in every state should not be issuing birth certificates to non-citizen parents' newborns.