Maybe you should study some American history. Birthright citizenship has been recognized for hundreds of years and by great men such as James Madison. We should discard it because white men are afraid of losing their political influence. If the Supreme Court turns this aside then no one including you is a American citizen.
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."
None of that pertains to anchor babies. The Constitution does not mandate that babies born to illegal immigrants are entitled to birthright citizenship. Show me specifically where in the 14th Amendment it mentions children of Illegal aliens. Show me specific precedent case law ruled by the Supreme Court granting anchor babies of illegal aliens Citizenship. The 14th Amendment does not need to be amended to prohibit birthright citizenship. It merely needs to be interpreted correctly. Constitutional originalism requires interpreting the Constitution the way it was intended when it was written or amended. We know what it meant then, and it did not mean illegal immigrants.
It very much pertains to anchor babies. Anyone who is born in the US regardless of parentage is considered a American citizen Madison stated this in 1798 which was 221 years ago. Numerous statesmen also made it clear that being born in the US made you a American citizen even if your parents are not a citizen. It was also made clear during the debate that children of non-citizens born in the US would be American citizens.
In United States v. Wong Kim Ark, the court correctly interprets the historical debates over citizenship and uses that as the basis to determine intent.
"During the debates in the Senate in January and February, 1866, upon the Civil Rights Bill, Mr. Trumbull, the chairman of the committee which reported the bill, moved to amend the first sentence thereof so as to read,
“All persons born in the United States, and not subject to any foreign power, are hereby declared to be citizens of the United States, without distinction of color.”
Mr. Cowan, of Pennsylvania, asked, “Whether it will not have the effect of naturalizing the children of Chinese and Gypsies born in this country?” Mr. Trumbull answered, “Undoubtedly,” and asked, “is not the child born in this country of German parents a citizen?” Mr. Cowan replied, “The children of German parents are citizens; but Germans are not Chinese.” Mr. Trumbull rejoined: “The law makes no such distinction, and the child of an Asiatic is just as much a citizen as the child of a European.” Mr. Reverdy Johnson suggested that the words, “without distinction of color,” should be omitted as unnecessary, and said:
“The amendment, as it stands, is that all persons born in the United States, and not subject to a foreign power, shall, by virtue of birth, be citizens. To that I am willing to consent,
[…]
and that comprehends all persons, without any reference to race or color, who may be so born.”
And Mr. Trumbull agreed that striking out those words would make no difference in the meaning, but thought it better that they should be retained to remove all possible doubt. Congressional Globe, 39th Congress, 1st sess. pt. 1, pp. 498, 573, 574.
The Fourteenth Amendment of the Constitution, as originally framed by the House of Representatives, lacked the opening sentence. When it came before the Senate in May, 1866, Mr. Howard, of Michigan, moved to amend by prefixing the sentence in its present form (less the words “or naturalized”), and reading,
“All persons born in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State herein they reside.”
Mr. Cowan objected upon the ground that the Mongolian race ought to be excluded, and said:
“Is the child of the Chinese immigrant in California a citizen? . . . I do not know how my honorable friend from California looks upon Chinese, but I do know how some of his fellow citizens regard them. I have no doubt that now they are useful, and I have no doubt that, within proper restraints, allowing that State and the other Pacific States to manage them as they may see fit, they may be useful; but I would not tie their hands by the Constitution of the United States so as to prevent them hereafter from dealing with them as in their wisdom they see fit.”
Mr. Conness, of California, replied:
“The proposition before us relates simply, in that respect, to the children begotten of Chinese parents in California, and it is proposed to declare that they shall be citizens. We have declared that by law; now it is proposed to incorporate the same provision in the fundamental instrument of the Nation. I am in favor of doing so. I voted for the proposition to declare that the children of all parentage whatever, born in California, should be regarded and treated as citizens of the United States, entitled to equal civil rights with other citizens of the United States. . . . We are entirely ready to accept the provision proposed in this Constitutional Amendment that the children born here of Mongolian parents shall be declared by the Constitution of
[…]
the United States to be entitled to civil rights and to equal protection before the law with others.”
Congressional Globe, 39th Congress, 1st sess. pt. 4, pp. 2890-2892. It does not appear to have been suggested in either House of Congress that children born in the United States of Chinese parents would not come within the terms and effect of the leading sentence of the Fourteenth Amendment.
Doubtless, the intention of the Congress which framed and of the States which adopted this Amendment of the Constitution must be sought in the words of the Amendment, and the debates in Congress are not admissible as evidence to control the meaning of those words. But the statements above quoted are valuable as contemporaneous opinions of jurists and statesmen upon the legal meaning of the words themselves, and are, at the least, interesting as showing that the application of the Amendment to the Chinese race was considered, and not overlooked."
Also when you read the amendment itself, the meaning is clear. Any baby born in the US is subject to the jurisdiction of the US. If it was meant only for the children of citizens, it would have been stated as such.