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Current Events => Politics => Topic started by: Chris on February 15, 2010, 12:04:00 PM

Title: GOP bill aims to retool immigrant birthright citizenship
Post by: Chris on February 15, 2010, 12:04:00 PM
GOP bill aims to retool immigrant birthright citizenship
Quote
Republican lawmakers in Congress are sponsoring a bill that seeks to abolish birthright citizenship for children born in the United States to illegal immigrant parents.

Federal law automatically grants citizenship to any person born on American soil, regardless of the immigration status of the child's parents.

Supporters of the bill say that many people come to this country for the express purpose of having children who are American citizens, making the family eligible for welfare and other government benefits.

"You have many people coming to this country illegally," said Rep. Gary Miller, R-Brea, a co-sponsor of the legislation. "They come to this country and have babies. The children are citizens. The children are eligible to go to school. They receive food stamps and social programs. The American taxpayers are paying for it."

"This bill is unconstitutional," said Rep. Joe Baca, D-San Bernardino. "It would change one of the most basic principles that our nation was founded on: If you were born in the United States, you're an American."

Baca accused the bill's sponsors of playing election-year politics.


Read more: http://www.dailybulletin.com/news/ci_14400978?source=rss#ixzz0fd3uSpCJ
Title: Re: GOP bill aims to retool immigrant birthright citizenship
Post by: Chris_ on February 15, 2010, 12:21:09 PM
This is a good thing.......so likely it will never get close to passing.......

I'll have to drag out my copy and read it again, but I believe that the Constitution does not actually grant birthright citizenship........this is one of those "interpretive" things that has evolved over time, like "separation of church and state"......but I'll defer to the experts on that......

doc
Title: Re: GOP bill aims to retool immigrant birthright citizenship
Post by: Celtic Rose on February 15, 2010, 01:20:45 PM
This is a good thing.......so likely it will never get close to passing.......

I'll have to drag out my copy and read it again, but I believe that the Constitution does not actually grant birthright citizenship........this is one of those "interpretive" things that has evolved over time, like "separation of church and state"......but I'll defer to the experts on that......

doc

The 14th amendment says that all people born in the United States are citizens of the United States.  But, the law was written when slaves did not have citizenship, and it was necessary to be born to a US Citizen to gain citizenship.  None of the descendants of slaves would have been considered a citizen without the amendment, that is really why it was written.  It was not written to allow people to cross over the border to have anchor babies.
Title: Re: GOP bill aims to retool immigrant birthright citizenship
Post by: NHSparky on February 15, 2010, 01:22:19 PM
Basically, with the way the 14th was written, it would likely take another Constitutional amendment to clarify the citizenship issue.  Even if a bill WERE to pass, it would die just as quickly in the courts.
Title: Re: GOP bill aims to retool immigrant birthright citizenship
Post by: djones520 on February 15, 2010, 01:25:36 PM
Basically, with the way the 14th was written, it would likely take another Constitutional amendment to clarify the citizenship issue.  Even if a bill WERE to pass, it would die just as quickly in the courts.

Pretty much.
Title: Re: GOP bill aims to retool immigrant birthright citizenship
Post by: Doc on February 15, 2010, 01:32:56 PM
Quote
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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

I think it could be argued that an illegal alien would not be subject to the "jurisdiction thereof", and therefore the offspring of said alien as a dependent minor would also be excluded........further, an "expectant" mother, who became "expectant" outside the US, should not be able to claim for her offspring citizenship based solely on the basis of the place of delivery.........enhanced further by the premise, which is "Black Letter" law, that the instant remedy for illegal entry into the US, under established code is ........immediate deportation to country of origin........whether it is unilaterally enforced or not, it is the law......

The Amendment presupposes "Legal" precursors to citizenship...........

doc
Title: Re: GOP bill aims to retool immigrant birthright citizenship
Post by: Flame on February 15, 2010, 04:41:14 PM
Hey...I'm willing to allow any babies born here to be American citizens...the parents, however, can get the hell out.  If they want their child to be a citizen, then they need to be willing to give it up to another, legal citizen, to raise, and they need to to be shipped back to thier country of origin.
Title: Re: GOP bill aims to retool immigrant birthright citizenship
Post by: longview on February 15, 2010, 04:57:58 PM
I really wish this would pass.  I see so many use this as a way to stay here. 
Title: Re: GOP bill aims to retool immigrant birthright citizenship
Post by: rich_t on February 15, 2010, 05:04:40 PM
It's a wonderful idea.  But one I suspect will not come to fruition any time soon.