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| | |-+  Hypothetically, even if the Citizenship Clause were to be repealed...
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Author Topic: Hypothetically, even if the Citizenship Clause were to be repealed...  (Read 889 times)
ssuperflash
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« on: January 11, 2017, 12:27:56 am »
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Wouldn't the children of illegal immigrants still be considered citizens? A free person born within the United States was always considered a citizen, even before the 14th Amendment. The only impact this clause had was on children born to slaves.

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Ernest
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« Reply #1 on: January 11, 2017, 03:07:56 am »

Not quite. While Article I Section 8 Clause 4 authorized a uniform Rule of Naturalization, it doesn't mandate birthright citizenship to the children of non-citizens. Moreover, it wasn't until some years after the passage of the 14th Amendment that it was even possible for one to be an illegal immigrant when the Chinese Exclusion Act was passed.
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« Reply #2 on: January 11, 2017, 03:25:19 am »
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My thought was that citizenship of the United States existed before the Constitution was even written, and that unless something in the Constitution contradicts it. Citizenship is conferred onto anyone born in the United States, through the common law theory of jus soli.
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Ernest
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« Reply #3 on: January 11, 2017, 09:26:34 am »

But as I pointed out, there was at the time of the Constitution no such thing as an illegal free immigrant. At that time we wanted anyone willing and able to pay their way here to join our country. Trying to read into an over two century-old document an opinion on how an issue that didn't exist, whether jus soil extends to the children of people not legally here, would be treated is problematic at best.
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Quote from: Ignatius of Antioch
He that possesses the word of Jesus, is truly able to bear his very silence. Epistle to the Ephesians 3:21a
The one thing everyone can agree on is that the media is biased against them.
My November Ballot
President: Clinton/Kaine D
US Senate: Thomas Dixon D
US House 2: Arik Bjorn D
SC Senate 20: Scott West G
ssuperflash
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« Reply #4 on: January 11, 2017, 04:44:29 pm »
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I see your point.

Is an illegal immigrant "subject to the jurisdiction" of the United States?
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Ernest
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« Reply #5 on: January 11, 2017, 09:52:16 pm »

I see your point.

Is an illegal immigrant "subject to the jurisdiction" of the United States?

Debatable.  I've seen the point argued both ways.  The last time SCOTUS seriously considered the Citizenship Clause was in 1898 with the Wong Kim Ark case and he was a child of legal immigrants, albeit ones who could not gain citizenship themselves under the law at that time.
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Quote from: Ignatius of Antioch
He that possesses the word of Jesus, is truly able to bear his very silence. Epistle to the Ephesians 3:21a
The one thing everyone can agree on is that the media is biased against them.
My November Ballot
President: Clinton/Kaine D
US Senate: Thomas Dixon D
US House 2: Arik Bjorn D
SC Senate 20: Scott West G
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