10/31/2018

Some notes on the idea of citizenship

This is an unpolished collection of sources and thoughts prompted both by the so-called migrant caravan working its way up from Central America and also the daily ongoing ingress of illegals sneaking through our southern border.

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CONSTITUTION OF THE UNITED STATES
ARTICLE II, Section 1, Paragraph 5.
No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President.
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AMENDMENT XIV. [ratified 1869]
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. [Deals with apportioning the number of the states' members of the House of Representatives by population. Basically holds that former slaves are whole persons now. (summarized for brevity)]
SECTION. 3. [Former members of Congress who went with the Confederacy in the Civil War can no longer hold office unless a special act passed by two-thirds of both houses of Congress says they can. (summarized for brevity)]
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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Sec. 1992 of U.S. Revised Statutes says, "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." [emphasis added] This was enacted by the same Congress that had adopted the 14th Amendment after the Civil War.  They were making sure in the Constitution and in statutory law that the former slaves would have citizenship in the United States of America.

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Constitution Amendment XIV Section 1 uses the qualifier "...and subject to the jurisdiction thereof."

The law in Section 1992 of U.S. Revised Statutes uses the qualifier "...and not subject to any foreign power."

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"Framer of the Fourteenth Amendments first section, John Bingham, said Sec. 1992 of U.S. Revised Statutes meant '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.' If this statute merely reaffirmed the old common law rule of citizenship by birth then the condition of the parents would be entirely irrelevant."  This quote is from the Federalist Blog – Read the whole scholarly article!  Michael Anton from Hillsdale College has an article in the commie WaPo that sheds some light if you can get past the formatting, disclaimers, and possible paywall – including this: "The notion that simply being born within the geographical limits of the United States automatically confers U.S. citizenship is an absurdity – historically, constitutionally, philosophically and practically."

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Seems to me all the President of the United States needs to do is direct the Departments of which he is the chief executive to read "subject to the jurisdiction thereof" and "and not subject to any foreign power" to mean that persons entering the United States illegally are extrajudicial invaders who are actually subject to the foreign power of their native land, and are to be apprehended and prosecuted under existing law.

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House Speaker Paul Ryan reportedly said in an interview, "You cannot end birthright citizenship with an Executive Order."  Ryan is wrong.

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Adding another link 10/31/18, 11:58AM –
Matt Walsh at PJ Media has more analysis.


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