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Wednesday, September 15, 2010

So Says the Constitution

There are two initiatives I feel are essential to all of us, issues that will have a definite effect on us and our children in the years to come.

Now, don’t laugh when I mention the first, term limits for all elected individuals. We can talk about that later.

The second, and the one I wish to address today, has to do with birth granted citizenship for offspring of individuals who are not American citizens.

The latter topic is naturally much more volatile than the first for it is what ties many of the illegal aliens to the U.S. You know how it goes, a young couple sneaks over the border in time for a child to be born, and Presto! Instead of Instant Oatmeal, you have Instant American.

Now, I’m not talking about the right or wrong of it. America is basically a fair-minded and compassionate country, willing to help others. It takes a cold-hearted person not to understand why so many aliens wish to be a part of this great nation.
And one of the slickest means is for an illegal to have his child born in the United States.

Now there is a great deal of talk about changing the XIV Amendment so such a finesse becomes a thing of the past.

The kicker is that when the amendment was first ratified in 1868, the idea behind the law was not as it is interpreted today. I don’t know when it changed precisely, but it is different. Somewhere along the way, some judge, whether Republican, Democrat, Libertarian, atheist, or Wiccan, was too full of himself and issued an interpretation of the amendment. That interpretation stuck so today we have a back door that is flooding country into bankruptcy.

The XIV Amendment begins “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."

The first nine words mean exactly what they say, right?

The rest of the statement is also clearly laid out, “And subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

Now the word ‘jurisdiction’ is the culprit. Noticably so for it is a multi-syllabic, and most politicians and judges can’t handle more than two syllables.

Do you really think that if a Cheyenne maiden had given birth to a child in one of the Philadelphia hospitals that the country would have given the little tadpole the mantle of citizenship? Not likely. That was a privilege not given to the American Indians until 1924. So can one of you Constitutional Scholars out there provide evidence that the intent of that portion of the XIV Amendment was to cover any child of any pair of non-citizens even it the infant is born on our soil?

I think not, so let’s talk a little further about “Subject to the jurisdiction thereof.”

As you are well aware that those folks that Lincoln’s Dmancipation Proclamation liberated still did not enjoy the sames rights as those who freed them?

In 1866, the Civil Rights Act tried to rectify the 1863 proclamation by stating--now, read this carefully. “All persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States. ... All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence etc. . .” It goes on to list all the rights of citizenship.

Now follow me here. “Not subject to any foreign power.” You and your spouse have a child. That child is yours. If you are a citizen of Mars, that child is a Martian, not an American. I don’t care if you’re in the middle of Times Square. If you and your spouse are Hispanic, Asian, Polish, Russian, you name it, that child is the same race. If you don’t have legal papers, he doesn’t have legal papers. He is still subject to the foreign power from which he came.

It is truly that simple.

Now we all know politicans seldom read what is put before them. It’s about time they do, and this is something with which they can begin.

That’s how all this mess began, with some full-of-himself judge interpreting a law he had probably never read.

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