How do you find and deport 11 million people? And what legal theory allows the deportation to Mexico of American citizens?
Who's talking about deporting American citizens?
Trump. The children of undocumented.
'anchor babies' are all about citizenship and 'anchoring' extended families....meaning practically whole villages come here because they are 'related' to the 'anchor baby' and we wouldn't want to deny the baby his 'family'......a totally insane practice....also called 'chain migration'.....
'anchor babies' is a fraud cooked up via an insane Justice Brennan footnote in a 1982 case....even Harry Reid thought it crazy as he introduced a bill in 1993 to end citizenship for babies of illegals....
Justice Brennan's Footnote Gave Us Anchor Babies | Human Events
Natural born citizenship meant that persons born in the nation were citizens. Our laws were based on English common law, which provided the same.
The purpose of the natural born citizen clause is to protect the nation from foreign influence.
Alexander Hamilton, a Convention delegate from New York, wrote in
Federalist No. 68 about the care that must be taken in selecting the president: "Nothing was more to be desired than that every practicable obstacle should be opposed to cabal, intrigue, and corruption. These most deadly adversaries of republican government might naturally have been expected to make their approaches from more than one quarter, but chiefly from the desire in foreign powers to gain an improper ascendant in our councils."
[1]
St. George Tucker, an early federal judge, wrote in his 1803 edition of William Blackstone's
Commentaries on the Laws of England, perhaps the leading authority for the delegates to the Constitutional Convention for the terms used in the Constitution, that the natural born citizen clause is "a happy means of security against foreign influence", and that "The admission of foreigners into our councils, consequently, cannot be too much guarded against."
[8] In Vol. II, Chapter 10, Blackstone writes:
[9]
The children of aliens, born here in England, are generally speaking, natural-born subjects, and entitled to all the privileges of such.
St. George Tucker, the editor, says this in a footnote:
Persons naturalized according to these acts, are entitled to all the rights of natural born citizens, except, first, that they cannot be elected as representatives in congress until seven years, thereafter. Secondly, nor can they be elected senators of the United States, until nine years thereafter. Thirdly, they are forever incapable of being chosen to the office of president of the United States. Persons naturalized before the adoption of the constitution, it is presumed, have all the capacities of natural born citizens.
Before Blackstone, the leading authority for the meaning of constitutional language is Edward Coke, who explains in
Calvin's Case,
[10] that a child born on the soil of England to a foreign national visiting the country who is not an invader or foreign diplomat is a "natural born subject" of England:
[A foreign national]... so long as he was within the King's protection; which [though] but momentary and uncertain, is yet strong enough to make a [natural bond] he hath issue here, that issue is a natural born subject;
One of the drafters of the 14th amendment...
"
John Bingham stated in the House of Representatives in 1862:
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.
[23]
He reiterated his statement in 1866:
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; but, sir, I may be allowed to say further that I deny that the Congress of the United States ever had the power, or color of power to say that any man born within the jurisdiction of the United States, not owing a foreign allegiance, is not and shall not be a citizen of the United States. Citizenship is his birthright and neither the Congress nor the States can justly or lawfully take it from him.
[24]
In 1854, the U.S. Secretary of State,
William Learned Marcy (1786–1857), wrote to
John Y. Mason, the U.S. Minister to France:
[27]
In reply to the inquiry ... 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.
In 1875, U.S. Attorney General
Edwards Pierrepont was presented with a query from the Secretary of State,
Hamilton Fish. A young man, named Arthur Steinkauler,
[28] had been born in Missouri in 1855, a year after his father was naturalized a U.S. citizen. When he was four years old, his father returned to Germany with him and both had stayed there ever since. The father had relinquished his American citizenship. The young man was now 20 years old and about to be drafted into the Imperial German army. What was this young man's situation as a native-born American citizen? After studying the relevant legal authorities, Pierrepont wrote:
[29]
Under the treaty [of 1868 with Germany], and in harmony with American doctrine, it is clear that Steinkauler the father abandoned his naturalization in America and became a German subject (his son being yet a minor), and that by virtue of German laws the son acquired German nationality. It is equally clear that the son, by birth, has American nationality, and hence he has two nationalities, one natural, the other acquired... Young Steinkauler is a native-born American citizen. There is no law of the United States under which his father or any other person can deprive him of his birthright. He can return to America at the age of 21, and in due time, if the people elect, he can become President of the United States .... I am of opinion that when he reaches the age of 21 years he can then elect whether he will return and take the nationality of his birth, with its duties and privileges, or retain the nationality acquired by the act of his father.
In 1904, Frederick van Dyne (1861–1915), the Assistant Solicitor of the US Department of State (1900–1907) (and subsequently a diplomat), published a textbook,
Citizenship of the United States, in which he said:
[31]
There is no uniform rule of international law covering the subject of citizenship. Every nation determines for itself who shall, and who shall not, be its citizens.... By the law of the United States, citizenship depends, generally, on the place of birth; nevertheless the children of citizens, born out of the jurisdiction of the United States, are also citizens.... The Constitution of the United States, while it recognized citizenship of the United States in prescribing the qualifications of the President, Senators, and Representatives, contained no definition of citizenship until the adoption of the 14th Amendment, in 1868; nor did Congress attempt to define it until the passage of the civil rights act, in 1866.... Prior to this time the subject of citizenship by birth was generally held to be regulated by the common law, by which all persons born within the limits and allegiance of the United States were deemed natural-born citizens.
It appears to have been assumed by the Supreme Court of the United States in the case of
Murray v. The Charming Betsy (1804) 2 Cranch (6 U.S.) 64, 119, 2 L.Ed. 208, 226, that all persons born in the United States were citizens thereof. ... In
M'Creery v. Somerville (1824) 9 Wheat. (22 U.S.) 354, 6 L.Ed. 109, which concerned the title to land in the state of Maryland, it was assumed that children born in that state to an alien were native-born citizens of the United States. .... The Federal courts have almost uniformly held that birth in the United States, of itself, confers citizenship.
Treatises and academic publications[edit]
In an 1825 treatise,
A View of the Constitution of the United States of America,
William Rawle (1759–1836), formerly the U.S. Attorney for Pennsylvania (1791–1799), wrote that
The citizens of each state constituted the citizens of the United States when the Constitution was adopted. ... [He] who was subsequently born the citizen of a State, became at the moment of his birth a citizen of the United States. Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity. .... Under our Constitution the question is settled by its express language, and when we are informed that ... no person is eligible to the office of President unless he is a natural born citizen, the principle that the place of birth creates the relative quality is established as to us.
[32]
During an 1866 House debate
James F. Wilson quoted Rawle's opinion, and also referred to the "general law relating to subjects and citizens recognized by all nations" saying
...and that must lead us to the conclusion that every person born in the United States is a natural-born citizen of such States, except it may be that children born on our soil to temporary sojourners or representatives of foreign Governments, are native-born citizens of the United States.
[33]