About the 14th amendment and baby's "Born in the USA"
August 16th 2010 23:33
The new hot topic is the 14th amendment section 1 which reads "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."
Why is it a "hot topic" because last week a debate ensued on a baby born
to illegal immigrants while they were here in the United States, if that
baby should be naturalized American citizen? The Washington Post
published an article "Whither then the 14th Amendment in the article it
says "Chalk it up perhaps to election-year bizarreness, but suddenly the
capital is debating whether the 14th Amendment of the U.S. Constitution
ought to be repealed, refined or left alone.
Specifically, the back-and-forth, which started among Senate Republicans
and was joined Tuesday by the White House, focuses on the amendment's
citizenship clause.
A pair of Republican senators -- Jon Kyl of Arizona and Lindsey Graham
of South Carolina -- are not so sure the amendment's intent was to grant
automatic citizenship to children born in the United States to parents
here illegally.
On Monday, Senate Minority leader Mitch McConnell (R-Ky.) raised the
stakes, saying, "We ought to take a look at it -- hold hearings, listen
to the experts on it" (Wilson, 2010)
It is an interesting debate and not because two senators brought up the
topic but because of the wording of the 14th amendment section 1. So for
the next couple of post we will look at some of the wording of the 14th
amendment. The first phase would get one to believe that the doors were
open to anyone who was born in the US because it says "All persons or
naturalized in the United States". However, read the next 5 words and
subject to the jurisdiction thereof. The word I am focused on is
jurisdiction.
The definitions of the word jurisdiction provided by the Free Dictionary
1. Law The right and power to interpret and apply the law: courts having
jurisdiction in this district.
2.
a. Authority or control: islands under U.S. jurisdiction; a bureau with
jurisdiction over Native American affairs.
b. The extent of authority or control: a family matter beyond the
school's jurisdiction.
3. The territorial range of authority or control.
Right off we can eliminate the 3rd definition because we are talking
about people and not a territory. So could definition of the right and
power to interpret and apply the law apply? Maybe but who has the right
to interpret the law, the illegal immigrant or the government? Not sure
that either one of them is working at interpreting laws correctly
because an illegal immigrant is here illegally and the government is
failing to enforce the laws that are currently in place. If the illegal
immigrant wanted to obey and be under the jurisdiction of the United
States then he/she should come into this country legally and pledge
their allegiance to the United States of America. The oath that a
person petitioning to become a United States Citizen is;
"I hereby declare, on oath, that I absolutely and entirely renounce and
abjure all allegiance and fidelity to any foreign prince, potentate,
state, or sovereignty of whom or which I have heretofore been a subject
or citizen; that I will support and defend the Constitution and laws of
the United States of America against all enemies, foreign and domestic;
that I will bear true faith and allegiance to the same; that I will bear
arms on behalf of the United States when required by the law; that I
will perform noncombatant service in the Armed Forces of the United
States when required by the law; that I will perform work of national
importance under civilian direction when required by the law; and that I
take this obligation freely without any mental reservation or purpose of
evasion; so help me God."(4) Now a baby is unable to say that and an
illegal immigrant is not abiding by the laws of the United States nor
the United States Constitution. So I believe that is why the debate
has started not only that reason but many states are in financial
trouble because of illegal's being covered by welfare, state run
Medicaid or Health Insurance and in getting an education. I am not sure
what the answer is but examining the wording that our forefathers
debated and deliberated while it was being penned to me is an
interesting study and the intent of the words in my opinion were written
to help those who were helping us like the American Indians and the
African Americans who were working here to help our nation grow. (Not
debating slavery as being wrong but there were a great many African
people who were here as free men helping to build this nation like our
forefathers they pledged their allegiance to this country and not to
England and it cost many of them their wealth, their families and their
own lives. If the child is born here to an illegal immigrant where is
the allegiance and therefore the jurisdiction?
References:
1. Really Long Link
2.
Really Long Link
tml
3. Really Long Link
4. Oath of Allegiance for Naturalized Citizens, Citizenship and
Immigration Services, U.S. Department of Homeland Security,
Really Long Link
543f6d1a/?vgnextoid=facd6db8d 7e37210VgnVCM100000082ca60aRC RD&vgnextchann
el=dd7ffe9dd4aa3210VgnVCM1000 00b92ca60aRCRD, retrieved 2010-06-30
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."
Why is it a "hot topic" because last week a debate ensued on a baby born
baby should be naturalized American citizen? The Washington Post
published an article "Whither then the 14th Amendment in the article it
says "Chalk it up perhaps to election-year bizarreness, but suddenly the
capital is debating whether the 14th Amendment of the U.S. Constitution
ought to be repealed, refined or left alone.
Specifically, the back-and-forth, which started among Senate Republicans
and was joined Tuesday by the White House, focuses on the amendment's
citizenship clause.
A pair of Republican senators -- Jon Kyl of Arizona and Lindsey Graham
of South Carolina -- are not so sure the amendment's intent was to grant
automatic citizenship to children born in the United States to parents
here illegally.
On Monday, Senate Minority leader Mitch McConnell (R-Ky.) raised the
stakes, saying, "We ought to take a look at it -- hold hearings, listen
to the experts on it" (Wilson, 2010)
It is an interesting debate and not because two senators brought up the
topic but because of the wording of the 14th amendment section 1. So for
amendment. The first phase would get one to believe that the doors were
open to anyone who was born in the US because it says "All persons or
naturalized in the United States". However, read the next 5 words and
subject to the jurisdiction thereof. The word I am focused on is
jurisdiction.
The definitions of the word jurisdiction provided by the Free Dictionary
1. Law The right and power to interpret and apply the law: courts having
jurisdiction in this district.
2.
a. Authority or control: islands under U.S. jurisdiction; a bureau with
jurisdiction over Native American affairs.
b. The extent of authority or control: a family matter beyond the
school's jurisdiction.
3. The territorial range of authority or control.
Right off we can eliminate the 3rd definition because we are talking
about people and not a territory. So could definition of the right and
power to interpret and apply the law apply? Maybe but who has the right
to interpret the law, the illegal immigrant or the government? Not sure
that either one of them is working at interpreting laws correctly
because an illegal immigrant is here illegally and the government is
failing to enforce the laws that are currently in place. If the illegal
immigrant wanted to obey and be under the jurisdiction of the United
States then he/she should come into this country legally and pledge
their allegiance to the United States of America. The oath that a
person petitioning to become a United States Citizen is;
"I hereby declare, on oath, that I absolutely and entirely renounce and
abjure all allegiance and fidelity to any foreign prince, potentate,
state, or sovereignty of whom or which I have heretofore been a subject
or citizen; that I will support and defend the Constitution and laws of
the United States of America against all enemies, foreign and domestic;
that I will bear true faith and allegiance to the same; that I will bear
arms on behalf of the United States when required by the law; that I
will perform noncombatant service in the Armed Forces of the United
States when required by the law; that I will perform work of national
importance under civilian direction when required by the law; and that I
take this obligation freely without any mental reservation or purpose of
evasion; so help me God."(4) Now a baby is unable to say that and an
illegal immigrant is not abiding by the laws of the United States nor
the United States Constitution. So I believe that is why the debate
has started not only that reason but many states are in financial
trouble because of illegal's being covered by welfare, state run
Medicaid or Health Insurance and in getting an education. I am not sure
what the answer is but examining the wording that our forefathers
debated and deliberated while it was being penned to me is an
interesting study and the intent of the words in my opinion were written
to help those who were helping us like the American Indians and the
African Americans who were working here to help our nation grow. (Not
debating slavery as being wrong but there were a great many African
people who were here as free men helping to build this nation like our
forefathers they pledged their allegiance to this country and not to
England and it cost many of them their wealth, their families and their
own lives. If the child is born here to an illegal immigrant where is
the allegiance and therefore the jurisdiction?
References:
1. Really Long Link
2.
Really Long Link
tml
3. Really Long Link
4. Oath of Allegiance for Naturalized Citizens, Citizenship and
Immigration Services, U.S. Department of Homeland Security,
Really Long Link
543f6d1a/?vgnextoid=facd6db8d 7e37210VgnVCM100000082ca60aRC RD&vgnextchann
el=dd7ffe9dd4aa3210VgnVCM1000 00b92ca60aRCRD, retrieved 2010-06-30
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