A Short Primer on the Citizenship Clause in the 14th Amendment

[rightwinger]

Hillary Clinton did

Link

 

[TroglocratsRdumb]

Where does the 14th say that?

You are making shit up

American parents are Who the birthright citizenship clause was written for.
It was not written for foreign citizens.

 

[Admiral Rockwell Tory]

This is the historically accurate reason for the citizenship clause in the 14th.

After passing the Civil Rights Act of 1866, former Confederate states said freed slaves may well be a United States citizen, but only a state could grant them state citizenship, and former Confederate states refused to grant [state] citizenship.

Further, Dred Scott was still the law of the land, thus freed slaves, all blacks in fact, could not be United States citizens either.

Thus, Congress added the citizenship clause to the 14th, to enforce the Civil Rights Act of 1866, and included both state and United States citizenship in order to overcome both of those situations.

PS Wong Kim Ark's parents were legal resident aliens, thus making themselves subject to the jurisdiction of the United States.

There was no such thing as an illegal alien in the 1870s.

 

[Admiral Rockwell Tory]

birth right citizenship was never meant for the offspring of illegal aliens

There were no illegal aliens when the Constitution was written.

Ever wonder why many of the Founding Fathers were ineligible to be President? They were born outside of the US in other countries.

 

[Admiral Rockwell Tory]

That could very well be how they're determining that they are but I'm still pretty sure that wasn't their intent (from reading what they published during the period leading up to the drafting & ratification of the 14th)

Intent doesn't matter. It is what it says.

 

[Admiral Rockwell Tory]

All people means all American citizens, it does not mean all 7 billion people on the planet.
The 14th amendment was written for the emancipated slaves and for all American citizens.
It was not written for foreigners who illegally crossed our border.

Totally and completely wrong. Emancipated slaves are not mentioned, nor did illegal aliens even exist at that time.

 

[Admiral Rockwell Tory]

If at least one of the parents are American citizens then the child is also an American citizen., and it doesn't matter where the child is born.
If neither of the parents are American citizens then the child is not an American citizen.

Wrong. If they are born in the US it matters not about the parents.

 

[Admiral Rockwell Tory]

The language didn't mention them because it wasn't a thing back then. It didn't include or preclude them. It needs to be re-interpreted to mean no more anchor babies. I don't think it can reasonably be enforced retroactively, but can take effect going forward.

You misspelled "amended".

 

[Admiral Rockwell Tory]

There is a difference between being subject to the law, and subject to the jurisdiction.

Nope. Exactly the same meaning.

 

[Admiral Rockwell Tory]

If you read the debates the senate had, they referred to the "complete authority", meaning, owing no allegiance to any other country, and no country can claim authority over them.

A child born here is under the jurisdiction of their parents, who's home country can claim authority over them and they owe allegiance to that country.


It doesn't matter though, this isn't going anywhere.

Wrong. Just plain wrong.

 

[TroglocratsRdumb]

There were no illegal aliens when the Constitution was written.

Ever wonder why many of the Founding Fathers were ineligible to be President? They were born outside of the US in other countries.

That is like the chicken vs egg argument.
The writers of the citizenship clause were citizens.
The citizenship clause was created for all American citizens of all races.
The citizenship clause was not created for foreign citizens who illegally crossed our border.

 

[TroglocratsRdumb]

Totally and completely wrong. Emancipated slaves are not mentioned, nor did illegal aliens even exist at that time.

Who was the 14th amendment created for?

 

[MagicMike]

birth right citizenship was never meant for the offspring of illegal aliens

And the Second Amendment was never meant for weapons of war with high capacity magazines to be in civilian hands outside of the conttext of a well regulated militia....
but here we are.
My point is you can't just pick and choose which parts of the constitution you like.
It's either all or nothing.

 

[Admiral Rockwell Tory]

That is like the chicken vs egg argument.
The writers of the citizenship clause were citizens.
The citizenship clause was created for all American citizens of all races.
The citizenship clause was not created for foreign citizens who illegally crossed our border.

There were no foreign citizens that crossed our border in that sense. Everyone who crossed our border was a citizen. Did you know that vast majority of the soldiers who fought for the north in the civil war were born overseas? There were no illegal aliens, just aliens.

One branch of my family immigrated from Oxfordshire, England in the mid 1700s. Does that mean that every person born since then in my family is illegal because their ancestors were from Great Britain? Which of my ancestors took an oath of citizenship like you are required to do today?

 

[Admiral Rockwell Tory]

Who was the 14th amendment created for?

Everyone as it is written.

 

[Mr. Friscus]

Which was changed

Exactly.. which can also happen here. We can correct the erroneous application of the 14th amendment.

Prohibition came, and it went.

Yet, here you are saying the 14th amendment is ironclad because it’s been applied a certain way, so that makes it infallible.

You have to pick a lane genius

 

[TroglocratsRdumb]

There were no foreign citizens that crossed our border in that sense. Everyone who crossed our border was a citizen. Did you know that vast majority of the soldiers who fought for the north in the civil war were born overseas? There were no illegal aliens, just aliens.

One branch of my family immigrated from Oxfordshire, England in the mid 1700s. Does that mean that every person born since then in my family is illegal because their ancestors were from Great Britain? Which of my ancestors took an oath of citizenship like you are required to do today?

Another chicken vs egg argument

 

[TroglocratsRdumb]

Everyone as it is written.

Obviously you do not understand that the 14th amendment was created for the freed slaves and not for foreign citizens who illegally crossed our border.

 

[rightwinger]

Exactly.. which can also happen here. We can correct the erroneous application of the 14th amendment.

Prohibition came, and it went.

Yet, here you are saying the 14th amendment is ironclad because it’s been applied a certain way, so that makes it infallible.

You have to pick a lane genius

OK

Go ahead and pass another amendment
I will wait

 

[SweetTea]

You misspelled "amended".

Nope, interpreted. That is the job of the SC.