Representative Chaffetz, I really don’t want to keep picking on you, but sometimes you deserve to be called on things.
You see, Representative Chaffetz is co-sponsoring a bill that would restrict birthright citizenship to the children where at least one parent is already a citizen. In other words the children of illegal immigrants would not be granted citizenship under the bill.
I am sure Representative Chaffetz is proud of his co-sponsor and feels that he is doing what is right for the nation; indeed Chaffetz says it is what most Americans want. One problem, there is this pesky little thing called The Constitution of the United States of America and, more specifically, the 14th Amendment. Here, let me point you to Section 1:
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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Do ya see that, Jason? All persons, not just the ones you want, get to become citizens of the United States if they are born here. I don’t know how much more plain the language can be – if you are born here and you have to obey the laws of our country, you are a citizen – no if, ands, or buts.
Furthermore, this will do nothing to prevent illegal immigration – do you honestly think illegal aliens are intimately familiar with the laws of our country? Do you think they know much of anything about immigration law when they come to this country? Do you think that their primary goal is to upset you and take away your job picking fruit and cleaning bathrooms?
Of course not – what they do know is that this country offers them something more, something better, indeed this country offers the American Dream.
Chaffetz says this will be difficult because of the Democratic Congress – this is a blatant grandstanding to make Dems look like evil obstructionists who want nothing more than to take away your jobs.
Jason, step away from this one. You are going to loose and you deserve to.
P.S. Fun fact: did you know that the 14th Amendment was ratified 141 years ago today? And you know why it was written? Because states were trying to deny newly freed slaves the right to participate in our system as free men. Just, ya know, something to think about.
I say we reply it retroactively throughout history as well.
No, no, no, Curtis, you’re not understanding how this all works. The Constitution only matters when Chaffetz agrees with it…
Chaffetz is very much aware of the Constitution here: http://www.deseretnews.com/article/1,5143,705269023,00.html
“…we should not do so at the expense of the principles of the Constitution,” Chaffetz said.
When has the Constitution actually mattered to Republicans?
And now I wish I was in his district so that I might write him and say ‘dumbass’. An idea, there. All the districts should have facebook pages. Then you can belong to a facebook page, and when elected official is a dumbass, we can post about them.
And include a link to their email, so everyone knows where to write to.
He’s on Facebook, Matt… Go ahead and friend him, call him a dumbass, and let him defriend you… It’d be pretty funny actually…
I didn’t write this, but it is good..
Although the Constitution of 1787 mentioned citizens, it did not define citizenship. It was in 1868 that a definition of citizenship entered the Constitution, with the ratification of the Fourteenth Amendment. Here is the familiar language: “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.” Thus there are two components to American citizenship: birth or naturalization in the U.S. and being subject to the jurisdiction of the U.S. We have somehow come today to believe that anyone born within the geographical limits of the U.S. is automatically subject to its jurisdiction. But this renders the jurisdiction clause utterly superfluous and without force. If this had been the intention of the framers of the Fourteenth Amendment, presumably they would simply have said that all persons born or naturalized in the United States are thereby citizens.
http://www.hillsdale.edu/news/imprimis/archive/issue.asp?year=2008&month=07
Senator Lyman Trumbull, chairman of the Senate Judiciary Committee, rose to support his colleague, arguing that “subject to the jurisdiction thereof” meant “not owing allegiance to anybody else and being subject to the complete jurisdiction of the United States.” Jurisdiction
understood as allegiance, Senator Howard interjected, excludes …persons born in the United States who are foreigners, aliens, [or] who belong to the families of ambassadors or foreign ministers.” Thus “subject to the jurisdiction” does not simply mean, as is commonly thought today, subject to American laws or American courts. It means owing exclusive political allegiance to the U.S.
There are two conditions set forth in the amendment for citizenship. 1) All persons born or naturalized in the United States and 2)subject to the jurisdiction thereof.
While it may be a weak case, there is some argument that we could define who is under the “jurisdiction” of the United States in such a way as to exclude illegal immigrants. The “Modern Controversy” section of the Wikpedia article on this subject was informative.
http://en.wikipedia.org/wiki/Birthright_citizenship_in_the_United_States_of_America
It is worth noting that other constitutional issues have hinged in the courts on far less than this. “Emanations and penumbras” anyone?
I don’t believe babies can make any political allegiances, therefore their parents make such allegiances for them by birthing them in the USA.
Oh silly little Jason…. YDU should send him a copy of the Constitution as a little gift to read each night as he falls asleep on the little cot in his office….
The US is one of few countries in the world that allows birthright citizenship. It was a timely amendment to the constitution that made all persons born in the US citizens. It was a civil rights issue that the REPUBLICANS of the day passed. It made all black Americans LEGAL CITIZENS.
As for today it is an amendment that needs to be revisited. With the scores of illegal immigrants coming across the boder to have an “anchor baby” it probably would help save us from the impending financial collapse that both the democrats and republicans have put us in.