By the terms of our Constitution, which became effective on June 21st, 1788, (when New Hampshire became the ninth state to ratify it), Congress, and only Congress, was authorized “To establish a uniform Rule of Naturalization…” (Article 1, Section 8, Clause 4). By this provision Congress, and not our Judicial Branch of government or our Executive Branch, is vested with the exclusive power to enact legislation determining how a foreign national may be bestowed the privilege of United States citizenship.
And why was this power vested in the Congress of the United States, the people's elected representatives, and not in any other branch of our government?
REPRESENTATIVE SHERMAN, who attended the Constitutional Convention which framed our Constitution points to the intentions for which a power over naturalization was granted to Congress. He says:
“that Congress should have the power of naturalization, in order toprevent particular States receiving citizens, and forcing them upon others who would not have received them in any other manner. It was therefore meant to guard against an improper mode of naturalization, rather than foreigners should be received upon easier terms than those adopted by the several States.” see CONGRESSIONAL DEBATES, Rule of Naturalization, Feb. 3rd, 1790, PAGE 1148.
Exercising its exclusive power to bestow the privilege of United States citizenship, Congress adopted its first uniform rules on March 26, 1790, “The Naturalization Act of 1790” (1 Stat. 103). For some of its features see ArtI.S8.C4.1.2.3 Early U.S. Naturalization Laws:
“The Act provided that any free white person who resided within the limits and under the jurisdiction of the United States for at least two years could be granted citizenship if he or she showed good character and swore allegiance to the Constitution.1 The law also provided that the children of naturalized citizens under the age of twenty-one at the time of their parents’ naturalization and who were residing in the United States would be considered U.S. citizens.2 The children of U.S. citizens who were born outside the United States were deemed U.S. citizens unless their fathers had never resided in the United States.3 Additionally, Congress delegated to the courts the power to administer the naturalization process.4
”In 1795 Congress amended the naturalization law by requiring an applicant to submit a declaration of intent to become a citizen at least three years before naturalization, and extending the minimum residence requirement to five years.5 Then, in 1798, Congress passed the Alien and Sedition Acts, which, among other things, lengthened the period in which to declare an intent to become a citizen to five years, lengthened the minimum residence requirement to fourteen years, and barred the naturalization of any alien from a country at war with the United States.6 In 1802, Congress repealed the previous laws and restored both the five-year residence requirement and the three-year declaration of intent period.7
”In the ensuing years, Congress continued to establish naturalization policies with varying conditions and restrictions.8 Despite these differences, naturalization laws uniformly required that an applicant prove residence in the United States for a specific time period before acquiring citizenship.9”
The Fourteenth Amendment is adopted.
The next important rule of law provision concerning citizenship in the United States is the adoption of the Fourteenth Amendment which declares in part:
Section 1:
”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.”
Section 5:
”The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”
Let us now establish some facts:
FACT: Congress has not exercised its exclusive power under Article 1, Section 8, Clause 4, to grant citizenship to the offspring of illegal entrant foreign nationals born on American soil.
FACT: Congress has not exercised its Section 5 authority to adopt appropriate legislation under the 14th Amendment granting citizenship to the offspring of illegal entrant foreign nationals born on American soil.
NOTE: “Without the enforcement clause, the provisions of the Fourteenth Amendment would be moot. This clause gives Congress the power to pass legislation with the goal of enforcing the Amendment. As a result, Congress has used this clause to ensure all Americans enjoy the rights outlined in the Fourteenth Amendment.” SOURCE
FACT: In 1924, Congress exercised its authority and adopted appropriate legislation extending birth right citizenship to Indians by the Indian Citizenship Act of 1924
FACT: To date there is no appropriate legislation or statutory law adopted by Congress granting citizenship to a child born on American soil to an illegal entrant foreign national. Today, nothing more than unwritten policy recognizes them as citizens upon birth.
FACT: To date there is no Supreme Court case confirming a child born on American soil to an illegal entrant foreign national is granted U.S. citizenship upon birth.
CONTENTION Since Congress, and only Congress is authorized “To establish a uniform Rule of Naturalization…” (Article 1, Section 8, Clause 4), and Congress, and only Congress is vested with the exclusive power to adopt appropriate legislation under the Fourteenth Amendment to enforce its provisions, and has not acted to grant citizenship to the offspring of an illegal entrant foreign national born on American soil, it would be a flagrant and clear violation of our separation of powers doctrine for our Supreme Court to declare a child born on American soil to an illegal entrant foreign national is granted U.S. citizenship upon birth.
What say you?
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)
And why was this power vested in the Congress of the United States, the people's elected representatives, and not in any other branch of our government?
REPRESENTATIVE SHERMAN, who attended the Constitutional Convention which framed our Constitution points to the intentions for which a power over naturalization was granted to Congress. He says:
“that Congress should have the power of naturalization, in order toprevent particular States receiving citizens, and forcing them upon others who would not have received them in any other manner. It was therefore meant to guard against an improper mode of naturalization, rather than foreigners should be received upon easier terms than those adopted by the several States.” see CONGRESSIONAL DEBATES, Rule of Naturalization, Feb. 3rd, 1790, PAGE 1148.
Exercising its exclusive power to bestow the privilege of United States citizenship, Congress adopted its first uniform rules on March 26, 1790, “The Naturalization Act of 1790” (1 Stat. 103). For some of its features see ArtI.S8.C4.1.2.3 Early U.S. Naturalization Laws:
“The Act provided that any free white person who resided within the limits and under the jurisdiction of the United States for at least two years could be granted citizenship if he or she showed good character and swore allegiance to the Constitution.1 The law also provided that the children of naturalized citizens under the age of twenty-one at the time of their parents’ naturalization and who were residing in the United States would be considered U.S. citizens.2 The children of U.S. citizens who were born outside the United States were deemed U.S. citizens unless their fathers had never resided in the United States.3 Additionally, Congress delegated to the courts the power to administer the naturalization process.4
”In 1795 Congress amended the naturalization law by requiring an applicant to submit a declaration of intent to become a citizen at least three years before naturalization, and extending the minimum residence requirement to five years.5 Then, in 1798, Congress passed the Alien and Sedition Acts, which, among other things, lengthened the period in which to declare an intent to become a citizen to five years, lengthened the minimum residence requirement to fourteen years, and barred the naturalization of any alien from a country at war with the United States.6 In 1802, Congress repealed the previous laws and restored both the five-year residence requirement and the three-year declaration of intent period.7
”In the ensuing years, Congress continued to establish naturalization policies with varying conditions and restrictions.8 Despite these differences, naturalization laws uniformly required that an applicant prove residence in the United States for a specific time period before acquiring citizenship.9”
The Fourteenth Amendment is adopted.
The next important rule of law provision concerning citizenship in the United States is the adoption of the Fourteenth Amendment which declares in part:
Section 1:
”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.”
Section 5:
”The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”
Let us now establish some facts:
FACT: Congress has not exercised its exclusive power under Article 1, Section 8, Clause 4, to grant citizenship to the offspring of illegal entrant foreign nationals born on American soil.
FACT: Congress has not exercised its Section 5 authority to adopt appropriate legislation under the 14th Amendment granting citizenship to the offspring of illegal entrant foreign nationals born on American soil.
NOTE: “Without the enforcement clause, the provisions of the Fourteenth Amendment would be moot. This clause gives Congress the power to pass legislation with the goal of enforcing the Amendment. As a result, Congress has used this clause to ensure all Americans enjoy the rights outlined in the Fourteenth Amendment.” SOURCE
FACT: In 1924, Congress exercised its authority and adopted appropriate legislation extending birth right citizenship to Indians by the Indian Citizenship Act of 1924
FACT: To date there is no appropriate legislation or statutory law adopted by Congress granting citizenship to a child born on American soil to an illegal entrant foreign national. Today, nothing more than unwritten policy recognizes them as citizens upon birth.
FACT: To date there is no Supreme Court case confirming a child born on American soil to an illegal entrant foreign national is granted U.S. citizenship upon birth.
CONTENTION Since Congress, and only Congress is authorized “To establish a uniform Rule of Naturalization…” (Article 1, Section 8, Clause 4), and Congress, and only Congress is vested with the exclusive power to adopt appropriate legislation under the Fourteenth Amendment to enforce its provisions, and has not acted to grant citizenship to the offspring of an illegal entrant foreign national born on American soil, it would be a flagrant and clear violation of our separation of powers doctrine for our Supreme Court to declare a child born on American soil to an illegal entrant foreign national is granted U.S. citizenship upon birth.
What say you?
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)