James Madison and Abraham Lincoln were great men. Our society has changed since they offered their opinions, though. During their times, there were no such things as "illegals." If a person moved here, he could apply for naturalization or not, but the government did not start putting limits on how many or who could enter until 1882; immigration laws have become increasingly restrictive since.
16% of the countries (30+) in the world have birthright citizenship, almost exclusively in North and South America. From the map I found, only Colombia and Surinam in the Americas do not (it wasn't a big map; I hope that's accurate). Europe, Africa and Asia has only a handful--Kenya, Lesotho and Pakistan were the only ones I could find. None in Europe, although France and Ireland gave it up recently (1993 and 2005 respectively) and so did Australia. Over here, the Dominican Republic just gave it up in 2013--and left tens of thousands residents nationless due to undocumented nationality of their parents. We'd want to make sure that doesn't happen if we change over.
Canada is also considering revoking birthright citizenship due to "birth tourism;" and is one of the reasons the overseas countries that have recently revoked it did.
The cost of social programs for illegals who are not paying into the system? That is a factor, but I believe it is greatly exaggerated. That argument is for another thread, though.
This is a good article for perspective of jus soli (right of the soil) and jus sanguinis (right of blood) --the nationality of a parent. There is nothing "evil" about revoking jus soli. With the changes in our society, sometimes laws need to change, too.
America Isn’t the ‘Only Country’ With Birthright Citizenship
Then revoke it legally by a constitutional amendment. There is no basis in fact to assume that birthright citizenship is not the law of the land and the 14th Amendment does grant birthright citizenship. That was explicitly made clear during the debate. James Madison said parentage does not matter as much as location.
The father of the 14th Amendment, Rep. John Bingham, during its framing stated this:
“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.” (Cong. Globe, 39th, 1st Sess., 1291 (1866))
Anchor babies are not citizens. They are born with allegiance to their illegal parents country.
A baby who has never been to another country cannot have allegiance to a country they have never been in. Birthright citizenship was a part of this country BEFORE the 14th Amendment. You can give us 1 quote. I can give you a dozen proving my point.
"It is an established maxim that birth is a criterion of allegiance. Birth however derives its force sometimes from place and sometimes from parentage, but in general place is the most certain criterion; it is what applies in the United States; it will therefore be unnecessary to investigate any other."
-James Madison 1789
press-pubs.uchicago.edu/founders/documents/a1_2_2s6.html
"The only standard which then existed [when the Constitution was written],of a natural born citizen, was the rule of common law, and no different standard has been adopted since. Suppose a person should be elected president who was native born, but of alien parents; could there be any reasonable doubt that he was eligible under the Constitution? I think not. The position would be decisive in his favor, that by the rule of the common law, in force when the Constitution was adopted, he is a citizen."
Vice Chancellor Lewis Sandford in Lynch vs Clarke
Reports of Cases Argued and Determined in the Court of Chancery of the State of New York [1843-1847, Before the Hon. Lewis H. Sandford, Assistant Vice-chancellor of the First Circuit
"In reply to the inquiry which is made by you…whether “the children of foreign parents born in the United States, but brought to the country of which the father is a subject, and continuing to reside within the jurisdiction of their father’s country, are entitled to protection as citizens of the United States,” I have to observe that it is presumed that, according to the common law, any person born in the United States, unless he be born in one of the foreign legations therein, may be considered a citizen thereof until he formally renounces his citizenship. There is not, however any United States statute containing a provision upon this subject, nor, so far as I am aware, has there been any judicial decision in regard to it."
Secretary of State William Learned Mercy
A digest of international law as embodied in diplomatic discussions, treaties and other international agreements
"The Constitution leaves no room for doubt upon this subject. The words ‘natural born citizen of the United states’ appear in it, and the other provision appears in it that, “Congress shall have power to pass a uniform system of naturalization.” To naturalize a person is to admit him to citizenship. Who are natural born citizens but those born within the Republic? Those born within the Republic, whether black or white, are citizens by birth–natural born citizens."
Rep Bingham in 1862
memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=059/llcg059.db&recNum=680
The meaning was very clear during debate.
Mr. COWAN. I will ask whether it will not have the effect of naturalizing the children of Chinese and Gypsies born in this country?
Mr. TRUMBULL. Undoubtedly.
[…]
Mr. TRUMBULL. I should like to inquire of my friend from Pennsylvania, if the children of Chinese now born in this country are not citizens?
Mr. COWAN. I think not.
Mr. TRUMBULL. I understand that under the naturalization laws the children who are born here of parents who have not been naturalized are citizens. That is the law, as I understand it, at the present time. Is not the child born in this country of German parents a citizen? I am afraid we have got very few citizens in some of the counties of good old Pennsylvania if the children born of German parents are not citizens.
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875
James Ho makes a obvious point.
"It is also worth observing that, if the drafters had intended to require allegiance, rather than obedience, they could have said so. How easy it would have been for them to state explicitly that only children born to citizens are guaranteed birthright citizenship—with a simple proviso to address the descendants of slaves. But instead, they chose the language of jurisdiction, not citizenship. And that decision deserves respect."