Do you think the 14th amendment has been interpreted wrongly since the Reagan Amnesty?

Question

This was posted by JD

The problem is that this (Fourteenth Amendment)
has been misinterpreted in recent years
(Since The Reagan Amnesty)
to mean simply that anyone born in the U.S,
under any circumstances,
is an American citizen.

This is neither the original intent of the law
nor the way it was interpreted by the courts
in subsequent decades.

Some Americans speak of birthright citizenship
as if it were an immutable law of nature.
It is not,
and most other nations do not, in fact, recognize it.

It is only a bad habit
that could be broken with a simple Executive Order.

According to estimates,
some 300,000 so-called anchor babies
are born in the United States every year

Once a mother has birthed a child on American soil,
she can then seek to obtain citizenship for herself
on the strength of the family-reunification laws.

Even before this happens, she is very hard to deport,
and the full panoply of welfare benefits is available to her,
as is affirmative action if she is a member of a racial minority.

"The situation we have today is absurd,"
alleges Craig Nelsen,
director of Friends of Immigration Law Enforcement,
a group of attorneys and immigration experts
that is trying to do something about the problem.
"There is a huge and growing industry in Asia
that arranges tourist visas for pregnant women
so they can fly to the United States and give birth to an American.
This was not the intent of the Fourteenth Amendment;
it makes a mockery of citizenship."

Answer 1

The key to undoing the current misinterpretation
of the Fourteenth Amendment is this odd phrase

"AND SUBJECT TO THE JURISDICTION THEREOF."

The whole problem is caused by the fact
that the meaning of this phrase,
which was clear to anyone versed in legal language in 1868,
has slipped with changes in usage.
Fortunately, there is a large group of court precedents
that make clear what the phrase actually means:

The Fourteenth Amendment EXCLUDES the children of aliens.
(The Slaughterhouse Cases (83 U.S. 36 (1873))

The Fourteenth Amendment draws a distinction
between the children of aliens and children of citizens.
(Minor v. Happersett (88 U.S. 162 (1874))

The phrase "subject to the jurisdiction" requires
"direct and immediate allegiance"
to the United States, not just physical presence.
(Elk v. Wilkins 112 U.S. 94 (1884))

There is no automatic birthright citizenship in a particular case.
(Wong Kim Ark Case, 169 U.S. 649 (1898))

The Supreme Court has never confirmed birthright citizenship
for the children of illegal aliens, temporary workers, and tourists.
(Plyler v. Doe, 457 U.S. 202, 211 n.10 (1982))

There are other cases referring to minor details of the question.

A Group Of Attorneys And Immigration Experts
Are Trying To Do Something About The Problem RIGHT NOW

Attorney General Alberto Gonzales Is Proving To Be A Challenge

Answer 2

"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. "

Hmmm...do I see the word ALL in there? I think I do.

Now let me ask you a question. How many mothers get citizenship on the strength of the family-reunification laws? Very, very few... I guess..hmmm So what does this tell you?

Answer 3

Absolutely.

http://blog.360.yahoo.com/blog-pOypG0szd7Pv_X1rQxw_4qCWpA--?cq=1&p=50

Answer 4

where were your parents originally from? and your grand parents? and your grand grand parents? from England? you said "It is only a bad habit
that could be broken with a simple Executive Order."

think about it as the conservation of momentum. figure this out if you can... i doubt it..

finally let me finish with an Albert Einstein's quote: " tow things are infinite the universe and human stupidity but i am not sure about the universe"

Answer 5

I don't think that the 14th Amendment to the Constitution caused the problem we are in....

You are correct in stating that it is the interpretation of the amendment that is the root cause of the problem... among other things.

My opinion is that there is a far too liberal bias in the judiciary that allows for loose interpretation making it possible to shape the law around your will.

Answer 6

There are those in congress who are trying to change the law to get rid of the loop hole so that ILLEGAL can't hijack the citizenship system. It is up to us LEGAL citizens to show our support for the lawmakers on this issue and let them know that we think ILLEGALS should not be rewarded for illegal acts (i.e. entering the country illegally). Many are trying to add a provision to the current law requiring that a child born in the US to become a US citizen only if at one or both of the childs parents are LEGAL citizens. Show your support.

Answer 7

THAT'S RIGHT!!!

anyone who is born on American soil, IS AN AMERICAN....

Don't try to change what's in the constitution....

Otherwise you would still be considered a German or an Italian or wherever you're from....

Answer 8

Yes, it has been PLAINLY stated to anyone who can read by the original author of the amendment that it WAS NOT meant for foreign nationals.

Answer 9

I have to agree and the problem is over 40 year old if they had started back then we would not have the mess we have today.

Answer 10

It's definitely been abused. November is coming - vote out the pro-illegal candidates!!