Some thoughts concerning birthright citizenship in the United States

By Free Republic | Created at 2024-11-26 17:17:13 | Updated at 2024-11-28 17:35:12 2 days ago
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Some thoughts concerning birthright citizenship in the United States
American Thinker ^ | 11/26/2024 | Zack Taylor

Posted on 11/26/2024 8:44:33 AM PST by SeekAndFind

The concept establishing that a child born in the United States to illegal alien parents is at-birth a United States citizen is false. By all appearances it was at some point in our history created out of whole cloth and apparently perpetrated as truth from somewhere within the bowels of the executive branch of government, not Congress. (Neither did it originate from the Constitution, and has lasted for at least fifty years of which I am aware.)

Such a child is, most likely, a citizen of the country of which his/her parents are citizens. Certainly not the United States.

The fact of the matter is that, removing a child born in the United States to illegal alien parents with those parents is maintaining the family unit, rather than separating the family unit. This is a point that must be established as fact going forward. The issue now becomes how to establish the truth in the place of the existing false narrative or anticipated litigation.

The problem going forward will obviously come from those entities that profit financially from illegal immigration, or seek to destroy the United States. They are powerful and adept at tying up proceedings that threaten their source of revenue/power/purpose.

To understand the directions such resistance will come from, all interested parties must understand that immigration is politics and politics are immigration. Nowhere will more resistance come than from the bureaucrats heading various agencies, in and out of government, whose budgets and staffing will be threatened by this America First program to remove illegal aliens. Expect the emerging discourse to be made dramatically distorted.

The use of Title 8 Immigration and Nationality Act and the Constitution will, of course, be the basis to Tom Homan’s and President Trump’s approach to meeting the illegal alien challenge.

(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events
KEYWORDS: birthright; citizenship; jussoli

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1 posted on 11/26/2024 8:44:33 AM PST by SeekAndFind


To: SeekAndFind

The 14th Amendment of the Constitution is the final word on the matter of birthright citizenship and the intent of its meaning is found in the Congressional debate and post-Civil War history at the time of passage.

The 14th Amendment was created exclusively for application to slaves who were then currently within the United States and their children. Holding otherwise is aiding and abetting America’s enemies in this ongoing irregular war. It is time to put America first.


2 posted on 11/26/2024 8:45:05 AM PST by SeekAndFind


To: SeekAndFind

I suspect the founding fathers never really considered the concept of being here illegally.

You either got admitted when you arrived at a port or you were sent back where you came from.


3 posted on 11/26/2024 8:48:36 AM PST by JSM_Liberty


To: SeekAndFind

In Inglis v. Trustees (1830) and Elk v. Wilkins (1884), the Supreme Court considered the status of children who are born in the United States, of fathers who owe allegiance to a sovereignty other than the United States. In both cases, the Court ruled that such children are not even citizens, let alone natural born citizens.


4 posted on 11/26/2024 8:57:17 AM PST by South Dakota (Vance / Trump...2028)


To: SeekAndFind

It will have to go to the Supreme Court and can't possibly go soon enough. I somehow feel confident the ruling will be favorable when the case is considered. The USSC, in 1898 in the case of Wong Kim Ark wrongly applied the law of the 14th Amendment and it has been further mis-applied and extended to the children of illegals since then.

Wong Kim Ark, who was born in San Francisco in 1873, had been denied re-entry to the United States after a trip abroad, under the Chinese Exclusion Act, a law banning virtually all Chinese immigration and prohibiting Chinese immigrants from becoming naturalized U.S. citizens. He challenged the government's refusal to recognize his citizenship, and the Supreme Court ruled in his favor, holding that the citizenship language in the Fourteenth Amendment encompassed the circumstances of his birth and could not be limited in its effect by an act of Congress.[8]

Liberals and other assorted mentally ill have been around a long time.

https://constitutioncenter.org/the-constitution/supreme-court-case-library/united-states-v-wong-kim-ark-1898

https://en.wikipedia.org/wiki/United_States_v._Wong_Kim_Ark

5 posted on 11/26/2024 9:01:05 AM PST by Sequoyah101 (Donald John Trump. First man to be Elected to the Presidency THREE times since FDR.)


To: SeekAndFind

“Birth tourism” is a big business around the world.
Anchor babies and those rules that protect them are a complete bastardization of the 14th amendment and needs to be addressed. People are coming from all over the world to have their babies here, including many nations who are hostile to our country- like China.
We need to end this NOW.
There will be no “separation of families” as the corrupt media likes to portray it.


6 posted on 11/26/2024 9:07:11 AM PST by 13Sisters76 ("It is amazing how many people mistake a certain hip snideness for sophistication. " Thos. Sowell)


To: South Dakota

WIKI

Elk v. Wilkins, 112 U.S. 94 (1884), was a United States Supreme Court landmark 1884 decision with respect to the citizenship status of Indians.

John Elk, a Winnebago Indian, was born on an Indian reservation within the territorial bounds of United States.

https://en.wikipedia.org/wiki/Elk_v._Wilkins

In the Congressional debate over the proposed Amendment XIV the Amendment was meant to be broad, but to exclude Indians born on tribal land and children of persons with diplomatic immunity.


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