Protect and Defend

Welcome to my blog, Protect and Defend. You don’t have to understand me. You only have to agree with me. I can live with losing the good fight, but I can not live with not fighting that good fight at all. - Publius

Friday, May 26, 2006

14th Amendment

So it does not get lost in the shuffle. I wanted to share a post that was included on this blog from Cubed. I also want to thank Cubed for this information as it is invaluable and includes information that I was not aware of either.


"But, absolutely no changes to the Constitution need to be made."

I think we need to educate our legislators; they are obviously in great need of a lesson or two in the Constitution.

You referred to the fact that the 14th Amendment was never intended to constitute a claim to citizenship just because a person was born here.

It's a little long, but worthwhile, to see what some of the Big Guns had to say about the intent of the 14th Amendment around the time it was written:

In 1866, it was recognized that the legal status of recently freed black slaves was in limbo, so the 14th Amendment was written in order to clarify it.

Senator Jacob Howard wrote: "Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, or who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons."

Thus, the original intent was specifically limited to freedmen, and specifically excluded "foreigners" and "aliens."

The 14th Amendment was ratified in 1868; it was NOT designed to enable illegal aliens who were breaking U.S. law to be given all manner of privileges at taxpayer expense, or to "go to the head of the line" for citizenship.

If our legislators had studied harder in school, they might know that an illegal alien mother is subject to the jurisdiction of her native country, not the U.S., as is her baby born on U.S. soil.

A bit of stickiness about the whole "born-in-the-USA-therefore-a-citizen" issue came up again a little over 100 years ago, when the decision about whether American Indians, whose reservations had been granted the status of independent nations, were citizens of the United States.

The Supreme Court held to the original, narrow intent of the 14th Amendment, and said they were not U.S. citizens; the phrase "subject to its jurisdiction" excluded them as "children of ministers, consuls, and citizens of foreign states born within the United States."

This presented a number of difficulties, so Congress decided to pass a special act, the "Citizens Act of 1924," which granted American Indians full citizenship. The act said: "The following shall be nationals and citizens of the United States at birth: 1) a person born in the United States and subject to the jurisdiction thereof; 2) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe."

The provision "subject to the jurisdiction thereof" excludes aboriginal tribes not "subject to the jurisdiction" of the U.S. - hence, it excludes members of aboriginal peoples of foreign jurisdictions like Mexico and other Central and South American countries.

All of us who believe the mechanism exists already in the Constitution to exclude the children of illegals from automatic citizenship are right, and we need to let our woefully ignorant legislators know this.

Pass it on!


Blogger Lily said...

Nice to meet you Publius and thanks for resposting this.

Looking at your header...
Just agree with you? How about some good natured fighting then a friendly handshake at the end of the day? Isn't that more satisfying?

Are you saying that Vicente is a man to be disregarded? Clearly you do not share the affinity of many women who mail him underwear from the US.

I heard that America was declared incompetent and Mexico was its next of kin.....

Fri May 26, 05:10:00 PM  
Blogger Lily said...

Reposting. Darned Typo!

Maybe resposting is something we do to recycle botched comments.

Fri May 26, 05:12:00 PM  
Blogger betmo said...

excellent post. thank you for the clarification. i have read the constitution many times and i think that it would behoove the three branches of government to take a peek once in awhile. there wouldn't be so many knee-jerk laws being passed and there wouldn't be so many rushes to change the constitution. this gay amendment thing really steams me. let the states decide. there is no need for an amendment to the constitution- congress could pass a law.

Fri May 26, 05:21:00 PM  
Blogger Truth-Pain said...

Consider me enlightened... Im one of the boneheads who's been barking about this for a week. Great post.

Fri May 26, 05:55:00 PM  
Blogger Always On Watch said...

Trust Cubed to know these details!

Excellent post. I'll have to link to it next week when I go back to regularity.

Fri May 26, 07:08:00 PM  
Blogger Publius said...

EB, I don’t mind some good natured discussions, in fact I am all about encouraging that here. And about Vicente, it seems that to be President of Mexico you don’t just have to be a native-born Mexican, but your parents have to be as well. But, the Mexican government changed that law because Vicente’s mother was born in Spain.
This tells me two things. First, do some exploration on Mexico’s laws as it comes to native-born citizens and the jobs in government that only they can hold, which goes on down the line from President to local government officials. No chance for Arnold to have been governor down there. This also tells me that Mexico is willing to bend or break their immigration laws when it is convenient for them.

Another fun fact; Mexico only allows 3,000 new citizens a year. But, with 3 million illegal immigrants entering this country every year, that comes out to (and I never did this math before) 8,219 a day.


Fri May 26, 09:38:00 PM  
Blogger Publius said...

Always on Watch, I am glad Cubed did the leg work, I never knew about any of this.

Fri May 26, 09:39:00 PM  
Blogger Cubed © said...


Thank you so much, and for the importance you all grant the understanding of "original intent."

We all get discouraged and tired, I know, but just seeing the determination of so many of us to meet the problem head on is a bright spot in my day.

Sat May 27, 03:24:00 PM  
Blogger Cubed © said...

EB - Somehow, I missed that... Do women REALLY mail Vicente their underwear?

Gag a maggot!

Sat May 27, 03:27:00 PM  
Blogger Publius said...

Cubed, I am not always for Original Intent. The Founders also thought a black person was worth 3/5ths of a white person and did not give women the right to vote. But, I would doubt that any country ever had a finer group gather together to build a nation from the ground up.
People only know what a certain group of friends or certain media programs tell them. Before, I was not a big fan of blogs, but I have found it to be an invigorating community where ideas can be discussed and everyone, regardless of their beliefs, can learn more than they would have known otherwise. Too many blogs are all one-sided, and although I am personally one-sided, I would hope that this can be an environment where many can come together to discuss and learn. Sometimes I may attack, but I regret it afterwards because it prevents free discussion. When free and open discussion ends, thinking does as well.

Mon May 29, 12:00:00 AM  

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