Title: Does the Fourteenth Amendment Require Birthright Citizenship? Source:
[None] URL Source:[None] Published:Nov 2, 2018 Author:Heritage Foundation Post Date:2018-11-02 08:57:03 by A K A Stone Keywords:None Views:1956 Comments:7
Poster Comment:
No doubt birthright citizenship is NOT required by the fourteenth amendment.
The Fourteenth Amendment states that “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.” Many believe that this means being born on U.S. soil is sufficient to confer citizenship. Some scholars, however, argue that the Constitution does not confer citizenship on children born in the United States to parents who are illegal aliens because they owe allegiance to another government. Others maintain that the drafters of the Fourteenth Amendment sought to restore the common law doctrine of jus soli—right of the soil—which had been abrogated by the Supreme Court’s Dred Scott decision and that subsequent Supreme Court decisions support this interpretation. Does the Citizenship Clause mandate birthright citizenship? Legal experts John Eastman and James Ho will explore this hotly debated question that has important legal and political consequences.
It is obvious to me that anyone denying birthright citizenship in the United States gets his ass smoked by the United States Supreme Court where what they say really counts.
Jim Ho.
John Eastman.
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United States Supreme Court opinions are not overturned or reversed by a Youtube video of Jim Ho and John Eastman.
It is obvious to me that anyone who denies birthright citizenship in the United States is smoked by the United States Supreme Court, where the opinions really count.
United States v. Wong Kim Ark, 169 US 649, 687-88 (1898)
UNITED STATES SUPREME COURT
Opinion of the Court (6-2)
The words " in the United States, and subject to the jurisdiction thereof," in the first sentence of the Fourteenth Amendment of the Constitution, must be presumed to have been understood and intended by the Congress which proposed the Amendment, and by the legislatures which adopted it, in the same sense in which the like words had been used by Chief Justice Marshall in the well known case of The Exchange; and as the equivalent of the words "within the limits and under the jurisdiction of the United States," and the converse of the words, " out of the limits and jurisdiction of the United States," as habitually used in the naturalization acts. This presumption is confirmed by the use of the word "jurisdiction" in the last clause of the same section of the Fourteenth Amendment, which forbids any State to " deny to any person within its jurisdiction the equal protection of the laws." It is impossible to construe the words "subject to the jurisdiction thereof," in the opening sentence, as less comprehensive than the words "within its jurisdiction," in the concluding sentence of the same section; or to hold that persons "within the jurisdiction" of one of the States of the Union are not "subject to the jurisdiction of the United States."
These considerations confirm the view, already expressed in this opinion, that the opening sentence of the Fourteenth Amendment is throughout affirmative and declaratory, intended to allay doubts and to settle controversies which had arisen, and not to impose any new restrictions upon citizenship.
By the Civil Rights Act of 1866, "all persons born in the United States, and not subject to any foreign power, excluding Indians not taxed," were declared to be citizens of the United States. In the light of the law as previously established, and of the history of the times, it can hardly be doubted that the words of that act, "not subject to any foreign power," were not intended to exclude any children born in this country from the citizenship which would theretofore have been their birthright; or, for instance, for the first time in our history, to deny the right of citizenship to native-born children of foreign white parents not in the diplomatic service of their own country, nor in hostile occupation of part of our territory. But any possible doubt in this regard was removed when the negative words of the Civil Rights Act, "not subject to any foreign power," gave way, in the Fourteenth Amendment of the Constitution, to the affirmative words, "subject to the jurisdiction of the United States." This sentence of the Fourteenth Amendment is declaratory of existing rights, and affirmative of existing law, as to each of the qualifications therein expressed—"born in the United States," "naturalized in the United States," and "subject to the jurisdiction thereof "—in short, as to everything relating to the acquisition of citizenship by facts occurring within the limits of the United States. But it has not touched the acquisition of citizenship by being born abroad of American parents; and has left that subject to be regulated, as it had always been, by Congress, in the exercise of the power conferred by the Constitution to establish an uniform rule of naturalization.
The effect of the enactments conferring citizenship on foreign-born children of American parents has been defined, and the fundamental rule of citizenship by birth within the dominion of the United States, notwithstanding alienage of parents, has been affirmed, in well considered opinions of the executive departments of the Government, since the adoption of the Fourteenth Amendment of the Constitution.
There is century plus stream of Federal court opinions affirming birthright citizenship. There are 200 plus cases demonstrating the futility of Birther arguments.
Once Trump has won tomorrow night, and the Mueller investigation draws to a close, I would like to see Trump launch a complete and thorough investigation of Obama's birth record, and show the public. If Trump declares, based on that, that Obama really was born in Hawaii, I'll believe it. Otherwise there's too much corruption and brutal political power played out by the other side for me to accept a verdict that looks to me was arrived at through brute force.
I would like to see Trump launch a complete and thorough investigation of Obama's birth record, and show the public.
As long as the state of Hawaii attests, in the proper form, that the birth certificate is authentic, I do not see any legal recourse. I'm not opposed, but I don't see what body can be empowered to investigate or report contrary to the official record as authenticated by the state of Hawaii.
CHAP XI. — An Act to Prescribe the Mode in Which the Public Acts, Records and Judicial Proceedings in Each State, Shall Be Authenticated So As to Take Effect in Every Other State
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the acts of the legislatures of the several states shall be authenticated by having the seal of their respective states affixed thereto: That the records and judicial proceedings of the courts of any state, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form. And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.(a)
Approved, May 26, 1790.
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(a) Art. 4, sec. 1, Constitution of the United States.—The decisions of the conrts of the United States upon this statute, and on the introduction in evidence of the "acts, records, and judicial proceedings of the States," have been:
Under the fourth article and 1st section of the constitution of the United States, and the act of 26th May, 1790, if a judgment has the effect of record evidence in the court of the State from which it is taken, it has the same effect in the courts of every other State; and the plea of nil debet it not a good plea to an action brought upon such judgment in a court of another State. Mills v. Duryee, 7 Cranch, 483; 2 Cond. Rep. 578. See Leland v. Wilkinson, 6 Peters, 317. United States v. Johns, 4 Dall. 412. Ferguson v. Harwood, 7 Cranch 408; 2 Cond. Rep. 548. Drummond's adm'rs v. Magruder's trustees, 9 Cranch, 122; 3 Cond. Rep. 303.
Under the act of May 26, 1790, "prescribing the mode in which the public records in each State shall be authenticated, so as to take effect in every other State, copies of the legislative acts of the several States, authenticated by having the seal of the State affixed thereto, are conclusive evidence of such acts in every other State. No other formality is required, than the annexation of the seal, and in the absence of all contrary proof, it must he presumed to have been done by an officer having the custody thereof, and competent authority to do the act. United States v. Amedy, 11 Wheat. 392; 6 Cond. Rep. S62.
The record of a judgment in one State is conclusive in another, although it appears that the suit in which it was rendered was commenced by an attachment of property, the defendant having afterward appeared and taken defence. Mayhew v. Thatcher, 6 Wheat. 129; 5 Cond. Rep. 34.
In an action upon a judgment, in another State, the defendant cannot plead any fact in bar which contradicts the record on which the suit is brought. Field v. Gibbs, Peters' C.C.R. 155. See Green v. Sarmiento, Peters' C.C.R. 74. Blount v. Darrah, 4 Wash. C.C.R. 657. Turner v. Waddington, 3 Wash. C.C.R. 126.
If a Trump-controlled formal investigation, manned by investigators who are as partisan Republican as the Mueller probe investigators are partisan Democrat, examine the East African birth certificate that was purported to be Obama's, and specifically pronounce that the baby footprints on that certificate do not match the actual footprints of Barack Obama, then I will accept that the East Africa Birth Certificate is not Obama's. I reject the screaming denuciations of the time. I will only accept the verdict if rendered by hard partisan Republican forensic investigators. If they, who have an incentive to find a match, find no match, I will accept that the birth certificate was a fraud.
I will then expect the investigation to vigorously pursue identifying the source of that fraud and exposing that source to the public, to destroy that source's credibility going forward.
Knock out that birth certificate, and forensically examine (with the same partisan investigators) the purported Obama certificate, taking note of each of the objections raised regarding it, and pronouncing definitively on each of those claims, then I will believe that the Hawaii certificate is authentic. Professional, partisan forensic investigators hve to review both documents and the custody chain and facts and circumstances. I will believe that partisan Republican investigators, working under a Republican President and a Republican Attorney- General (as opposed to the circumstance when Obama was supervising the investigations into himself), if they pronounce the East African document as not being that of Obama, and the Hawaii document valid, will have proven to my satisfaction that Obama was, in fact, born in Hawaii as indicated, and I will want those who knowingly manufactured the evidence that he had not been and disseminated it to be exposed by name and thereby delegitimied for the remainder of their lives.
Somebody is lying. The East African certificate has footprints. They don't change. If they're Obama's, he was born in East Africa and we were lied to. If they're not, the purveyors of the documents and those who launched the drumbeat are liars. Somebody lied to us. I want it investigated and exposed, one way or the other.
