JFlorio wrote:
Loki you are one of the more astute posters on OPP. I listened to Carly and didn't think she was for birthright citizenship as much as she explained how complicated changing the ammendmant would be. However; if she is for it that would be a disqualifier for me. I believe she was trying to point out Trump doesn't understand the process.
There is no need to change the Amendment. The Amendment does NOT grant automatic citizenship to the children of wetbacks.
The author of the citizenship clause was Senator Jacob Howard of Michigan. He specifically stated in his comments that the Amendment was to guarantee full citizenship rights to former s***es only. He specifically said it was not intended to grant citizenship to Indians, to children of diplomatic personnel, and children of those in the country illegally. Go to the key phrase, "subject to the jurisdiction thereof." The author of the damn thing said that the people I mentioned, which includes wetbacks and their brats are not considered "subject to the jurisdiction thereof,"because they are citizens of a foreign nation. This is why Indians were not allowed citizenship until 1924. They were considered citizens of their Indian nations, and not citizens "subject to the jurisdiction thereof. While the Supreme Court has never ruled, per se, on this issue, in two of it's cases, Elk v Wilkins 1884, and US v Wong Kim Ark 1898, it did skirt the subject.
One of the findings of Elk v Wilkins was that John Elk, an Indian, was not a citizen because he was considered a foreigner, a citizen of his Indian nation and not subject to the jurisdiction of the US, in the same sense that a citizen is. Elk was born to 2 non-citizens, and was considered a non-citizen himself, and this was 14 years after the ratification of the 14th Amendment.
In US v Wong Kim Ark, the court ruled that Wong Kim was a citizen, by virtue of being born in this country to parents who were here LEGALLY. Proponents of birthright citizenship neglect that last little codicil.
In 1982, Justice Warren Burger offered a personal opinion that children of i******s had citizenship, but it was never taken up by the Court, and a personal opinion by one Justice has no legal value whatsoever.
Democrats support birthright citizenship because they see an unending pool of poorly educated v**ers who will work for bulls**t wages and v**e overwhelmingly Democratic.
Republicans are in the pockets of the same business interests that own the Democrats also.
The Amendment has 5 sections. The fifth section gives Congress the authority to amend or change the legislation. Anyone who claims it will take a constitutional Amendment is full of s**t.