By Richard A. Nixon
There has been much in the news of late regarding immigration and the feasibility of deporting “13 million people” and that there is “no way’ this can be done.
Please consider the following:
The 14th Amendment (14th/A) defines citizenship as follows:
“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.”
Hence to become a citizen based on birth two things are required. 1) One must be born in the United States(U.S) and 2) subject to the jurisdiction of the U.S. These are separate and distinct requirements. They are not equivalent requirements.
Being born in the US, requires no explanation. “Subject to the jurisdiction of the U.S.” requires some reflection. When written in 1868, this phrase/clause was intended to exclude American Indians who maintained their tribal ties,”… and persons born in the U.S. who are of foreigners, aliens and belong to the families of ambassadors or foreign ministers.”Slaughterhouse cases (1872).
Hence, as properly understood, the act of being born within the U.S. was not, and is not, sufficient to confer citizenship upon such child. If the child’s parents were “foreigners or aliens,” the child did not become a citizen based on birth.
This was reaffirmed in the Elk v. Wilkins case of 1884. Therein the SC said, …the… meaning of these… words is, not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance.”
Ignoring this binding case authority, the State Department of late has simply rewritten the aforementioned clause/phrase by deleting it. Hence, if one is born here, one is a citizen. Period…
But, this can be remedied…this time we look to the 14th A, § 5, which states: “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”
By applying this section of the 14th A, Congress can overrule the State Department and reinstate the requirements of becoming a citizen by birth as the drafters intended. Once that becomes law, the following scenario, or reasonable facsimile thereof, will play-out all over the land…
Mom and dad are at the welfare office. Dad will submit the birth certificate to show that baby was born in San Diego. The bureaucrat will then ask for documentary proof supporting their direct and immediate allegiance to this country. Failing to produce such evidence, the federal aid request will be denied and, I submit, many, if not most, of these parents of “anchor babies” will self-deport. This will rid the country of those illegals who are responsible for a large part of the 200 billion dollars/year spent on these people for health care, education and welfare.
Contrary to those who claim it can’t be done, it can be done, but We the People must demand Congress do as herein outlined with the added warning that if they do not do as demanded they will be “fired.”
The Founding Fathers intended this country to belong to the People, not the government. Take back our country by demanding Congress do what the Constitution empowered them to do…
The views and opinions expressed in this commentary are those of the author and do not necessarily reflect the official position of Citizens Journal.
Richard A. Nixon, Esq. and Author of America-An Illusion of Freedom (Amazon.com) Find Mr. Nixon on Facebook.
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You, Kind Sir, are a genius and have written the most compelling legal argument for this topic, that I have read to date! I only can hope that it gets put to good use soon.