catpaw wrote:
Your arguments present little that I have not heard before. The logic overlooks the facts that (1.) The letter of law should supercede basic motives of survival and equate it to criminal behavior. (2.) Anyone in this country, no matter how they got here, is subject to our laws. That includes the Bill of Rights and the 14th amendment. I don't recall the 14th amendment segregating a segment of population and making them an exception. (3.) Deporting 11 million residents in not a practical solution, and probably impossible. (4.) Past apathy of lax border security has been a consent to illegal immigration. How soon you forget that George Bush dropped the pretense and extended an open border policy to Vicinte Fox during a White House visit.
Your arguments present little that I have not hear... (
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(1.) The letter of law should supercede basic motives of survival and equate it to criminal behavior.
Absolutely. If I may, you misspelled supersede. Regarding the law. Whether you are visiting another country or people are visiting my country the USA, the laws of the land must be obeyed.
(2.) Anyone in this country, no matter how they got here, is subject to our laws. That includes the Bill of Rights and the 14th amendment. I don't recall the 14th amendment segregating a segment of population and making them an exception.
You must look at individual clauses to determine the meaning, the original intent, and the definitions of the language used at the time. The founding fathers, largely due to loyalists to Great Britain discouraged divided loyalties and wanted to guard against divided allegiances. Senators Howard and Trumbaull wished to be consistent with the original intent as possible. I can suggest some interesting reading but most of it comes from legal analysis of the Supreme Court, the National Achieves, and scholars. Send me a PM if you wish more information, but due to the length of the documents and consideration for others I have not included the data. Now then, if you are still reading. On to the next part in understanding the Constitutional Rights, we must examine the word jurisdiction. The word jurisdiction in the citizenship clause, according to the Congressional Globe, meant full allegiance to the United States. According to Immigration: The formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. Now then, it would appear that crossing the border without proper documentation make this a violation of immigration laws.
As for illegal aliens, and their right to constitutional protections, as non-citizens that have intruded upon our nation by breaking immigration law, should they be afforded the same protections as law-abiding citizens? The key comes down to the desire to protect us from those who have divided loyalties. In fact, in the case of illegal aliens, they are really nothing different than the member of an enemy faction in the United States, for like a terrorist group, they have invaded our nation. Should invaders receive those constitutional protections?
It may be prudent to return to definitions. The definition of invasion according to the American Heritage College Dictionary is: 1. To enter by force in order to conquer or pillage, 2. To encroach or intrude on; violate, 3. To overrun as if by invading; infest, 4. To enter and permeate, especially harmfully. Entering the United States illegally, which means the potential immigrants broke American immigration laws, the aliens have intruded, encroached, and indeed forced their way into the country.
Article IV, Section 4 states that the United States government will protect the States against invasion.
Surely, members of an invading force should not be afforded these constitutional protections.
As for a further argument regarding the applicability of the Constitution to citizens, and not non-citizens, you can also derive a definition from the Preamble, itself. The Preamble, though not holding any legal authority, as the Constitutions introduction it sets a few parameters and definitions. The first three words are We The People, but We The People of what? Of The United States. This would indicate that if We The People are of the United States, it is citizens being referred to. Later, whenever the people is mentioned, which is throughout the Constitution, the people is defined by that first sentence, which indicates that the people are of the United States, or citizens, or at worst, citizens and legal residents. The Fourth Amendment begins The right of the people. . . Who are the people? We the People of the United States.
. . . and so on. This is, I think, a good that the Constitution was written to apply to the federal government, and to protect citizens from that central government.
(3.) Deporting 11 million residents in not a practical solution, and probably impossible.
Wherein your comment would make perfect sense if the population of illegals were stagnate. That is they do not leave and return, hold traceable jobs, drive cars, rent abodes, and so forth, then you would be right. The key, as I see it is limit the number of new entrants and make it less attractive for illegal ones to stay and make it easier and more attractive to leave, then we could decrease the size of the illegal alien population without any need to deport them all at one time. See the graph for a visual understanding.
(4.) Past apathy of lax border security has been a consent to illegal immigration. How soon you forget that George Bush dropped the pretense and extended an open border policy to Vicinte Fox during a White House visit.
This point is not arguable. President Bush is not the president now and we cannot change the past. We can only work with the current situation to prevent future problems.
References;
http://www.14thamendment.us/articles/anchor_babies_unconstitutionality.htmlhttps://cis.org/immigrant-flowshttp://www.uscis.gov/tools/citizenship-resource-center