Care4all
Warrior Princess
- Mar 24, 2007
- 73,817
- 28,765
i quoted the original intent word for word from the people who wrote it, and then followed up with the SC passing their opinion on it. if you could provide links in kind to back up what you are saying i'd be more inclined to stop being up your king in this match. : )it's original intent was to give ALL PERSONS under our jurisdiction, the birthright citizenship we already were giving to children of white foreigners living here.I think it's just a matter of changing the interpretation back to it's original intent.This is an emergency, day by day America is being conquered. No wonder a literal invasion has gathered on our doorstep.
How is this crazy law still in the book? No serious nation could allow anything of the sort. Even the republicans haven't paid any attention to the issue fully endorsing the crazy. What a disappointment. Only the man with balls, that is Trump has finally put some attention to the issue after 4D chessing the supreme court for his support. Just tells how completely useless our politicians are.
We need more real men with balls, more people like the God Emperor. Can't go wrong with that message going into the election. Just imagine if we had more people with common sense making the shots. Take back our country!
The court observed that under English law, citizenship was by “birth within the allegiance, also called ‘ligealty,’ ‘obedience,’ ‘faith,’ or ‘power’ of the king.” Under the principle, “all persons born within the king’s allegiance and subject to his protection” were citizens. Allegiance and protection obligations were “not restricted to natural-born subjects and naturalized subjects, or to those who had taken an oath of allegiance, but were predicable of aliens in amity so long as they were within the kingdom.” Therefore, all “children, born in England, of such aliens were therefore natural-born subjects.” According to Justice Gray, the “same rule was in force in all the English colonies” in America.
He referenced an 1832 case, Levy v. McCartee, in which Justice Joseph Story wrote, “If an alien cometh into England and hath issue two sons, these two sons are indigenae, subjects born, because they are born within the realm,” and any such child was “a native-born subject, according to the principles of the common law.”
Aside from the common law, the Civil Rights Act of 1866 addressed the matter, stating that “all persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States.” Most importantly, the 14th Amendment to the Constitution recites: “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.”
Some, including the president, argue that the qualification “subject to the jurisdiction thereof” may help to deprive children of illegal immigrants of birthright citizenship. But this is wishful thinking. The wording, Justice Gray explained in Ark, “would appear to have been to exclude, by the fewest and fittest words ... children born of alien enemies in hostile occupation and children of diplomatic representatives of a foreign state.” Both, he noted, under the law in England and in American colonies, “had been recognized exceptions to the fundamental rule of citizenship by birth within the country.”
To support this argument, Justice Gray referred to an even earlier ruling: Chief Justice John Marshall’s words in The Exchange v. McFaddon (1812). Marshall wrote unequivocally that aliens are subjected to the jurisdiction of the sovereign where they are found, reasoning that “it would be obviously inconvenient and dangerous to society, and would subject the laws to continual infraction and the government to degradation, if (aliens) did not owe temporary and local allegiance, and were not amenable to the jurisdiction of the country.”
So, if illegal Mexicans or other nationals are found in the United States, they are subject to the jurisdiction of the United States. As Marshall noted, Mexico or other sovereigns do not have “any motive for wishing such exemption.”
The court’s ruling in the Ark case does not seem to exclude the children of illegal immigrants from their birthright of citizenship. Justice Gray was clear that the Civil Rights Act and the 14th Amendment mandate this conclusion.
Supreme Court set clear precedent on birthright citizenship