Our Congressional Globe, 39th Congress, exposes the myth of lawful anchor babies
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The evidence found in the Congressional Globe which confirms
". . . and subject to the jurisdiction thereof . . . " excludes the offspring of illegal entrant foreign nationals born on American soil from U.S. Citizenship, is overwhelming.
For example Senator Bingham, considered the architect of the 14th Amendment's first section, states the following involving the meaning of "jurisdiction” in the following manner:
"I find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that 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…" LINK
Senator Trumbull goes on to say:
.” . . . The provision is, that ‘‘all persons born in the United States, and subject to the jurisdiction thereof, are citizens.’’ That means ‘‘subject to the complete jurisdiction thereof.’ . . . .What do we mean by ‘subject to the jurisdiction of the United States?’’ Not owing allegiance to anybody else. That is what it means.“ LINK
Senator Reverdy Johnson then remarks:
[A]ll that this amendment provides is, that all persons born in the United States and not subject to some foreign Power—for that, no doubt, is the meaning of the committee who have brought the matter before us—shall be considered as citizens of the United States. That would seem to be not only a wise but a necessary provision. If there are to be citizens of the United States entitled everywhere to the character of citizens of the United States there should be some certain definition of what citizenship is, what has created the character of citizen as between himself and the United States, and the amendment says that citizenship may depend upon birth, and I know of no better way to give rise to citizenship than the fact of birth within the territory of the United States, born of parents who at the time were subject to the authority of the United States.” LINK
Senator WILLIAMS, later in the debate discussing Section One observes with reference to
“. . . and subject to the jurisdiction thereof . . . :
"In one sense, all persons born within the geographical limits of the United States are subject to the jurisdiction of the United States, but they are not subject to the jurisdiction of the United States in every sense. Take the child of an embassador. In one sense, that child born in the United States is subject to the jurisdiction of the United States, because if that child commits the crime of murder, or commits any other crime against the laws of the country, to a certain extent he is subject to the jurisdiction of the United States, but not in every respect; and so with these Indians. All persons living within a judicial district may be said, in one sense, to be subject to the jurisdiction of the court in that district, but they are not in every sense subject to the jurisdiction of the court until they are brought, by proper process, within the reach of the power of the court. I understand the words here, ‘‘subject to the jurisdiction of the United States,” to mean fully and completely subject to the jurisdiction of the United States." LINK
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Why is the myth alleging U.S. citizenship being granted by the terms of the 14th Amendment to the offspring of illegal entrant foreign nationals born on American soil, not yet put to rest? Where is the evidence to the contrary?
JWK
The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it._____HOME BLDG. & LOAN ASSOCIATION v. BLAISDELL, 290 U.S. 398 (1934)
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