The 14th Admendment is the answer I get when I ask why the illegals are receiving free government services and why they feel that American owes them something. I've seen local news showing illegals marching in the streets and waving a Mexican and they are demanding their rights. Rights to what exactly?
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.
2007-01-14 06:58:50 · 14 answers · asked by ? 6 in Politics & Government ➔ Immigration
nor deny to any person within its jurisdiction the equal protection of the laws.
This part of the 14th amendment protects all people in the US regardless of their status. But if they read the first sentence it says 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. In order for you to be protected by this amendment you should be born or naturalized AND be subject to the jurisdiction in order to receive the benefits of the Bill of rights and the liberties it provides.
This is the same argument that the Lib's are having against the inmates at Git-mo. That the last sentence of section 1 Amendment 14 protects them. These people are wrong and it will require a Supreme Court case to render who is protected under the Constitution and the Bill of Rights.
These people who come here illegally should not receive the benefits of protection under the Constitution and the bill of rights. They should not be protected against unreasonable search and seizure. They should not be given the rights to a jury trial, a public trial nor provided an attorney. These rights are reserved to those that are here in this country legally
2007-01-14 07:22:34 · answer #1 · answered by Anonymous · 4⤊ 2⤋
There's quite a bit of debate about whether the US Constitution actually protects anyone who is not a citizen. It was not expressly intended to do so. However, there is a history of stretching it to protect anyone on US soil, including illegals. The 14th amendment comes in because it guarantees citizens a right to Due Process. If the constitution is interpreted as protecting everyone on US soil, regardless of citizenship, then it is extended to illegals. This gives them the right to apply for and recieve welfare through "due process", as well as all other rights of equal protection that citizens enjoy.
2007-01-14 07:08:00 · answer #2 · answered by cyanne2ak 7 · 1⤊ 0⤋
It's because of a faulty decision handed down by the Supreme Court in the 1890's, which misinterpreted the phrase, "subject to the jurisdiction thereof". The way they decided it, citizenship is granted to all those who are born in the US, rather than to those who are sublect to primary US jurisdiction. In other words, the ftramers of the Fourteenth Amendment only intended that clause to apply to babies born to parents who themselves are US citizens, NOT subject to the primary jurisdiction of a foreign power.
This isn't just an opinion, but is borne out by the notes of the men who wrote the Fourteenth Amendment. It's a pity that SCOTUS, then as now, considers itself above the intent and verbiage of the Constitution.
2007-01-14 07:06:06 · answer #3 · answered by Rick N 3 · 4⤊ 1⤋
Actually it doesn't, unless you discriminate based on their race. Status as an illegal alien in Constitutional law is reviewed on a "rational basis" by the courts, and if there is a rational basis for not allowing an illegal to, for example, receive welfare benefits, than it's very likely such a law will be found to be perfectly constitutional. If said laws were put in place against those here legally, it's a different story. If we were to put in place laws against gay immigrants or just Mexican ones, such laws would be struck down as they have no real reason other than discrimination.
2007-01-14 09:22:11 · answer #4 · answered by Anonymous · 2⤊ 0⤋
If the government wanted to do more to stop undocumented workers it could. But it doesn't want to because businesses like the cheap labor, and business and government scratch each other's back. Anger towards undocumented workers is misplaced because they're essentially being encouraged to come here by our government. Furthermore, they're being exploited by American businesses, so they're entitled to whatever meager compensation they can get from government services. If you're angry about paying for those services, you should take it up with the companies that pay undocumented workers so little and drive them to seek government assistance. That sounds a lot more effective than trying to physically stop millions of people from entering the country.
Edit: It's also hilarious to hear people who did nothing to earn their own citizenship other than being born here talk about what a travesty it is that we recognize the citizenship of children of "illegal" immigrants FOR THE EXACT SAME REASON!
2007-01-14 08:23:00 · answer #5 · answered by Anonymous · 0⤊ 3⤋
The key is the phrase "any person." Anyone who is here is entitled to protection by our laws, no matter how they got here. They are entitled because they are human beings, not because they are citizens. A person who is here who owns property can't have it taken from him without due process of law, for instance; likewise, you couldn't kill a person simply because he/she was illegal. They are entitled to equal treatment under the law because they are human beings, not due to citizenship status or lack thereof. Of course, that also means they are subject to the laws, and if illegal, it means that those laws can be used to remove them from the country, but even that has to be done by due process.
2007-01-14 07:07:20 · answer #6 · answered by Anonymous · 2⤊ 4⤋
there right to be sent back to Mexico, It's funny Mexico using force to get rid of illegals.But Mexicans are illegals here in the US 89%, we also should use force.That'll take of that!
Not born here go home..........abide by the laws in this country
2007-01-14 08:25:22 · answer #7 · answered by Monet 6 · 2⤊ 1⤋
they are talking about when they have babies here.... if they have babies here that baby is an American Citizen and therefore they receive assistance, and can go to school, and more than likely if they are caught.. since they have American babies they get to stay.. which is why the term "anchor baby" comes into play
2007-01-14 07:03:38 · answer #8 · answered by katjha2005 5 · 0⤊ 2⤋
when will people understand the U.S. constitution is only for American citizens,and has no protections for Americans outside of U.S. borders.
2007-01-14 07:15:05 · answer #9 · answered by truckman 4 · 3⤊ 1⤋
It doesn't. The Constitution is for CITIZENS of this country. This is what happens when you have Liberal, activist judges interpreting the law.
2007-01-14 07:03:57 · answer #10 · answered by Anonymous · 2⤊ 4⤋