Ahhh... so much effort into an argument you WILL eventually lose.
There is your problem right there. That's why they were suspect. It might also give some insight into why their parents didn't report the birth to the county and to the state in order to get it all legalized.
No, that's not a problem. People forging documents NOW isn't a reason to go back and doubt the origin of people born 40 years ago. (Especially when said person can show a lifetime of residency here.) This is Human Reptile Steven Miller perverting a situation to abuse brown people.
I was listening to a podcast the other day about this topic, 2 lawyers debating the topic. The lady who was pro BRC said something that undermined her own argument.
Let's back up for a moment though, first. So, we're talking about babies. Obviously a baby cannot be subject to the laws, nor to the complete jurisdiction of the country. The baby can't consent to anything, it doesn't pay taxes, it can't be drafted into the military, among a host of other things, so, it takes on the jurisdiction of its parents.
This has to be the stupidest argument yet. (Especially coming from the party that wants to give human rights to frozen embryos)
If a couple is on vacation or I'm america on business, and the woman gives birth early, you're saying the child is now a us citizen, and subject to the jurisdiction of the US. What if the parents don't want the child to have US citizenship? They were never given a choice.
I would guess, they would go home, register their child as a citizen of their home country, and whichever country has precedence. Most countries don't allow dual citizenship, so this probably wouldn't be an issue until the child reaches the age of majority.
Now, interesting aside. My father was born in Germany, immigrated here as a baby, and became a US Citizen when he was about 4 years old. Now, not sure how that jives with your "Babies can't be subject to laws" nonsense, but there it is. He was drafted into the US Army in 1943, but seen with suspicion due to his German heritage. (They made him a medic because they didn't trust him with a gun. He was also the unit translator.)
Still, despite all that, until the day he died, he held both US and German citizenship.
Also, if you read the wong decision, it talks about the fact that his parents had a permanent domicile, meaning, they were, at the time, legal permanent residents. The government actually didn't recognize wong as a citizen, I can only assume because they were operating under the original intended meaning of the 14A, which was only changed after the scotus case.
Actually, it was probably assumed he was a citizen, which is why he sued when they tried to deny him re-entry. Wong's parents went back to China, he got married, and then tried to re-enter the US with his new wife despite the Chinese Exclusion Act.
This is why I'm trying to find out if BRC to alien parents existed after the passing of 14A, but before the wong decision. This would give insight as to how the government and the country understood the issue of BRC.
Well, you keep working on that, but it probably wasn't an issue, for White people from Europe. The first real restrictions on them didn't happen until the 1920's. The only reason WHY it was an issue for Wong was that the US had passed first the Page Act and then the Chinese Exclusion Act trying to keep Chinese out. (
(also, could you please capitalize Wong's name, it's very annoying.)
I'm using your argument against you. You claim that, if it's not written there, then it doesn't matter. Well, gun restrictions were not written into the 2A, so they cannot be legal.
Except the word Gun never appears in the 2A. The word Militia does, which is why for most of your history we've had reasonable gun laws... until the Gun industry realized that crazy people are their best customers.
I'm not arguing against reasonable gun restrictions, I'm simply saying that, because something wasn't specifically written into an amendment, doesn't mean it's not what the amendment means, when we have the meaning of the words provided to us by the people who wrote them.
Except this was never an issue at the time, at least for white immigrants.
Also, I'd like to mention the conundrum that would have been presented, that the writers of the amendment did not address, and that is, what to do with the child. It's a problem we wrest with today. Where does the child go? If the child is a citizen but the parents are not, the child has a right to be in the US but the parents don't. When the 14th was written, this would have had to been one of the considerations, and it isn't addressed at all.
That's an easy one. Having a child here does not grant one residency, so any minor child would still be in the custody of their parents. But they would still be US citizens.
This is the problem, for guys like you who fear "anchor babies", is that a child cannot "sponsor" it's parents for immigration status until they are 21 years of age.
Now, that's what I would call playing a long game.
This actually makes sense on 2 different fronts. Perhaps "subject to the jurisdiction thereof" was meant to refer to people with lawful permanent residence. This would explain the wording of the wong kim ark decision, where they mentioned his parents were legally domiciled in thread united states, and it would also explain the 14A, where it talks about ..."....and in the state where they RESIDE", meaning, they might have actually been specifically talking about both children of citizen parents, OR children of parents with legal permanent residence.
Again, not capitalizing Wong Kim Ark's name.
This is largely a moot point, because the courts have ruled in other cases that children, documented or not, have certain rights. Plyler v. Doe said states cannot deny education to undocumented Children. Nor could they charge the families of undocumented children a fee to educate them.
And one other thing....the US automatically creating citizens, kind of usurps the sovereignty of other countries doesn't it? If you are pregnant and give birth in the United States, unintentionally (for whatever reason), the child is automatically made a US citizen. If the parents do not intend on actually staying in the US, does this mean the child then becomes an illegal immigrant back in their home country?
Not at all, going back to the example of Papa B131, he held dual citizen of two countries, at a time when they were ACTUALLY AT WAR WITH EACH OTHER. Germany didn't revoke the citizenship of my dad for fighting against Germany during WWII. You'd think that would have been a good reason, but no.
(He never returned to Germany after the war, although his sister visited the relatives over there in the 1970s)
What consequence would this make if you belonged to a country that doesn't grant citizenship to foreigners? Your child would be considered a foreigner, this could create difficulties in getting your child citizenship in your home country. Also relevant for countries that do not allow dual citizenship. The parents would have to renounce the American citizenship of their child upon entry back into their country. Renouncing your American citizenship is irrevocable. Also, I'm not even sure about parent is allowed to renounce the citizenship of their child, which means in some cases, the child might not be able to become a citizen of their home country, until they are old enough to renounce their own American citizenship.
Actually, it's not an argument.
Let's take China, which I am finding out, courtesy of Mrs. B131, doesn't allow dual citizenship. If my wife puts her hand up in front of the flag, China will revoke her citizenship.
So let's say their parents renounce US citizenship, that doesn't mean on Jrs' 21st birthday, he can't reclaim it.