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WebsterMark
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11/02/18 at 05:38:34
 


THE TRUE HISTORY OF MILLSTONE BABIES
October 31, 2018

Having mastered fake news, now the media are trying out a little fake history.

In the news business, new topics are always popping up, from the Logan Act and the emoluments clause to North Korea. The all-star panels rush to Wikipedia, so they can pretend to be experts on things they knew nothing about an hour earlier.

Such is the case today with "anchor babies" and "birthright citizenship." People who know zilch about the history of the 14th Amendment are pontificating magnificently and completely falsely on the issue du jour.

If you'd like to be the smartest person at your next cocktail party by knowing the truth about the 14th Amendment, this is the column for you!

Of course the president can end the citizenship of "anchor babies" by executive order -- for the simple reason that no Supreme Court or U.S. Congress has ever conferred such a right.

It's just something everyone believes to be true.

How could anyone -- even a not-very-bright person -- imagine that granting citizenship to the children of illegal aliens is actually in our Constitution?

The first question would be: Why would they do that? It's like being accused of robbing a homeless person. WHY WOULD I?

The Supreme Court has stated -- repeatedly! -- that the "main object" of the citizenship clause of the 14th Amendment "was to settle the question ... as to the citizenship of free negroes," making them "citizens of the United States and of the state in which they reside."

Democrats, the entire media and House Speaker Paul Ryan seem to have forgotten the Civil War. They believe that, immediately after a war that ended slavery, Americans rose up as one and demanded that the children of illegals be granted citizenship!

You know what's really bothering me? If someone comes into the country illegally and has a kid, that kid should be an American citizen!

YOU MEAN THAT'S NOT ALREADY IN THE CONSTITUTION?

Give me a scenario -- just one scenario -- where the post-Civil War amendments would be intended to grant citizenship to the kids of Chinese ladies flying to birthing hospitals in California, or pregnant Latin Americans sneaking across the border in the back of flatbed trucks.

You can make it up. It doesn't have to be a true scenario. Any scenario!

As the court has explained again and again and again:

"(N)o one can fail to be impressed with the one pervading purpose found in (the 13th, 14th and 15th) amendments, lying at the foundation of each, and without which none of them would have been even suggested; we mean the freedom of the slave race, the security and firm establishment of that freedom, and the protection of the newly made freeman and citizen from the oppressions of those who had formerly exercised unlimited dominion over him."

That's why the amendment refers to people who are "subject to the jurisdiction" of the United States "and of the state wherein they reside." For generations, African-Americans were domiciled in this country. The only reason they weren't citizens was because of slavery, which the country had just fought a civil war to end.

The 14th Amendment fixed that.

The amendment didn't even make Indians citizens. Why? Because it was about freed slaves. Sixteen years after the 14th Amendment was ratified, the Supreme Court held that an American Indian, John Elk, was not a citizen, despite having been born here.

Instead, Congress had to pass a separate law making Indians citizens, which it did, more than half a century after the adoption of the 14th Amendment. (It's easy to miss -- the law is titled: "THE INDIAN CITIZENSHIP ACT OF 1924.") Why would such a law be necessary if simply being born in the U.S. was enough to confer citizenship?

Even today, the children of diplomats and foreign ministers are not granted citizenship on the basis of being born here.

President Trump, unlike his critics, honors black history by recognizing that the whole purpose of the Civil War amendments was to guarantee the rights of freed slaves.

But the left has always been bored with black people. If they start gassing on about "civil rights," you can be sure it will be about transgenders, the abortion ladies or illegal aliens. Liberals can never seem to remember the people whose ancestors were brought here as slaves, i.e., the only reason we even have civil rights laws.

Still, it requires breathtaking audacity to use the Civil War amendments to bring in cheap foreign labor, which drives down the wages of African-Americans -- the very people the amendments were written to protect!

Whether the children born to legal immigrants are citizens is controversial enough. But at least there's a Supreme Court decision claiming that they are -- U.S. v. Wong Kim Ark. That's "birthright citizenship."

It's something else entirely to claim that an illegal alien, subject to deportation, can drop a baby and suddenly claim to be the parent of a "citizen."

This crackpot notion was concocted by liberal zealot Justice William Brennan and slipped into a footnote as dicta in a 1982 case. "Dicta" means it was not the ruling of the court, just a random aside, with zero legal significance.

Left-wing activists seized on Brennan's aside and browbeat everyone into believing that anchor babies are part of our great constitutional heritage, emerging straight from the pen of James Madison.

No Supreme Court has ever held that children born to illegal aliens are citizens. No Congress has deliberated and decided to grant that right. It's a made-up right, grounded only in the smoke and mirrors around Justice Brennan's 1982 footnote.

Obviously, it would be better if Congress passed a law clearly stating that children born to illegals are not citizens. (Trump won't be president forever!) But until that happens, the president of the United States is not required to continue a ridiculous practice that has absolutely no basis in law.

It's often said that journalism is the first draft of history. As we now see, fake news is the first draft of fake history.

COPYRIGHT 2018 ANN COULTER
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Eegore
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Re: 14
Reply #1 - 11/02/18 at 05:46:23
 

 I didn't realize the 82 case was dicta.  That changes things.
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WebsterMark
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Re: 14
Reply #2 - 11/02/18 at 06:30:28
 
I didn’t know about the separate much later ruling about Indians.
That should give everyone pause.
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justin_o_guy2
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Re: 14
Reply #3 - 11/02/18 at 06:36:05
 
Good Frikken grief.
All you gotta do is READ it.
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Re: 14
Reply #4 - 11/02/18 at 06:38:08
 

 Right because reading the 14th it references rulings from 1924 and footnotes several decades later.

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Re: 14
Reply #5 - 11/02/18 at 10:29:43
 
justin_o_guy2 wrote on 11/02/18 at 06:36:05:
Good Frikken grief.
All you gotta do is READ it.



yeah, and understand that the word JURISDICTION applies to almost anyone on US soil.

"The plain meaning of this language is clear. A foreign national living in the United States is "subject to the jurisdiction thereof" because he is legally required to obey U.S. law. (By contrast, a foreign diplomat who travels here on behalf of a foreign sovereign enjoys diplomatic immunity from—and thus is not subject to the jurisdiction of—U.S. law.)"

https://www.wsj.com/articles/SB10001424052970203731004576045380685742092

that's according to conservative judge James Ho who was just nominated by Trump and approved in 2017

and that's how it was understood when it proposed in 1868 .

your interpretation of this is NEW, relatively speaking
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WebsterMark
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Re: 14
Reply #6 - 11/02/18 at 11:30:52
 
yeah, and understand that the word JURISDICTION applies to almost anyone on US soil.

did you not read the article? No one at the time it was written, took the 14th to mean what it does today. In fact, they specifically said it did not.

There is no debate as to what it means. The debate is over the leftist wishing to change the meaning so as to add votes.
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Re: 14
Reply #7 - 11/02/18 at 11:48:04
 
WebsterMark wrote on 11/02/18 at 11:30:52:
yeah, and understand that the word JURISDICTION applies to almost anyone on US soil.

did you not read the article? No one at the time it was written, took the 14th to mean what it does today. In fact, they specifically said it did not.

There is no debate as to what it means. The debate is over the leftist wishing to change the meaning so as to add votes.


Wait one second mark...

Are you saying that when an Amendment was written, there are different circumstances that can occur over time that can have an affect on it?

"No one at the time it was written, took the 14th to mean what it does today."

Hmm.... really??

Then how is this statement any different:

No one at the time it was written, took the 2nd to mean what it does today.


Ahh... I love Fridays!!
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Re: 14
Reply #8 - 11/02/18 at 12:08:00
 
WebsterMark wrote on 11/02/18 at 11:30:52:
yeah, and understand that the word JURISDICTION applies to almost anyone on US soil.

did you not read the article? No one at the time it was written, took the 14th to mean what it does today. In fact, they specifically said it did not.

There is no debate as to what it means. The debate is over the leftist wishing to change the meaning so as to add votes.



wtf???  I QUOTE from Andrew Johnson's veto of the 1866 Civil Rights act

"By the first section of the bill, all persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States. This provision comprehends the Chinese of the Pacific States, Indians subject to taxation, the people called Gipsies, as well as the entire race designated as blacks, people of color, negroes, mulattoes, and persons of African blood. Every individual of these races, born in the United States, is by the bill made a citizen of the United States."

http://teachingamericanhistory.org/library/document/veto-of-the-civil-rights-...

So this was VERY MUCH on the mind of people as they voted on the 14th amendment, which was meant to fix the mistakes that Johnson didn't like so they could pass it as an Amendment.  

it is also reported AS I'VE SAID BEFORE BUT APPARENTLY YOU DON'T LISTEN

While the Citizenship Clause was intended to define as citizens exactly those so defined in the Civil Rights Act,[3][10] which had been debated and passed in the same session of Congress only several months earlier, the clause's author, Senator Jacob M. Howard of Michigan, phrased it a little differently. In particular, the two exceptions to citizenship by birth for everyone born in the United States mentioned in the Act, namely, that they had to be "not subject to any foreign power" and not "Indians not taxed", were combined into a single qualification, that they be "subject to the jurisdiction" of the United States, and while Howard and others, such as Senate Judiciary Committee Chairman Lyman Trumbull of Illinois, the author of the Civil Rights Act, believed that the formulations were equivalent, others, such as Senator James R. Doolittle from Wisconsin, disagreed, and pushed for an alternative wording.[11]

There was no recorded debate over who was encompassed by the expression "not subject to any foreign power" or whether these same people were excluded by the wording of the Citizenship Clause. Howard, when introducing the addition to the Amendment, stated that it was "the law of the land already" and that it excluded only "persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers".[12] Others also agreed that the children of ambassadors and foreign ministers were to be excluded.[13][14] However, concerning the children born in the United States to parents who are not U.S. citizens (and not foreign diplomats), three senators, including Trumbull, as well as President Andrew Johnson, asserted that both the Civil Rights Act and the Citizenship Clause would confer citizenship on them at birth,[15][16][17] and no senator offered a contrary opinion. Trumbull even went so far as to assert that this was already true prior to the passage of the Civil Rights Act, although Senator Edgar Cowan of Pennsylvania, disagreed, arguing that this was only true for the children of European immigrants.[15] Senator John Conness of California expressed support for the Amendment for giving a constitutional basis for birthright citizenship to all children born in the United States to any parentage (including Chinese noncitizen residents who do not intend to reside permanently in the United States), even though he (and others) thought it had already been guaranteed by the Act,[18] whereas Cowan opposed the Amendment (and Act), arguing that it would have the undesirable outcome of extending citizenship to the children of Chinese and Romani immigrants.[19]

Most of the debate on this section of the Amendment centered on whether the wording in the Civil Rights Act or Howard's proposal more effectively excluded Indians on reservations and in U.S. territories from citizenship. Doolittle asserted, and Senators Reverdy Johnson of Maryland and Thomas A. Hendricks of Indiana concurred, that all Indians were subject to the jurisdiction of the United States, so that the phrase "Indians not taxed" would be preferable,[20] but Trumbull and Howard disputed this, arguing that the U.S. government did not have full jurisdiction over Indian tribes, which governed themselves and made treaties with the United States.[21][22] Moreover, they objected to the phrase "Indians not taxed" on the basis that it could be construed as making citizenship dependent on wealth and also that it would allow states to manipulate who is a citizen in their state through tax policy.[23]

https://en.wikipedia.org/wiki/Citizenship_Clause



also,

we inherit English common law where:
"Birthright citizenship, as with much United States law, has its roots in English common law.[28] Calvin's Case, 77 Eng. Rep. 377 (1608),[30] was particularly important as it established that, under English common law, "a person's status was vested at birth, and based upon place of birth—a person born within the king's dominion owed allegiance to the sovereign, and in turn, was entitled to the king's protection."[31] This same principle was adopted by the newly formed United States, as stated by Supreme Court Justice Noah Haynes Swayne: "All persons born in the allegiance of the king are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country as well as of England ... since as before the Revolution.[32]" United States v. Rhodes, 27 Fed. Cas. 785 (1866). However, Calvin's Case is distinguishable, as a Scotsman was granted title to English land as his King (James VI of Scotland) and England's King (James I of England) were one and the same.[33] Calvin was not born in England.[33] Moreover, in Calvin's Case, Lord Coke cited examples in which the native-born children of parents, either invading the country or who were enemies of the country, were not natural-born subjects because the birth lacked allegiance and obedience to the sovereign.[34]"

https://en.wikipedia.org/wiki/Birthright_citizenship_in_the_United_States


further more
Wong Kim Ark's parents WERE NEVER CITIZENS. they were denied naturalization due to the Chinese Exclusion Act. and then they WENT BACK TO CHINA.  But their son, BORN IN AMERICA, stayed here.  the Supreme Court in 1898 declared his BIRTHRIGHT CITIZENSHIP valid and UNDENIABLE.
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justin_o_guy2
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Re: 14
Reply #9 - 11/02/18 at 12:25:09
 
The only reason it's NOT easily understood by lefties is their gut felt need for it to say what they want.
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The people never give up their liberties but under some delusion.- Edmund Burke.
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Re: 14
Reply #10 - 11/02/18 at 12:57:56
 
justin_o_guy2 wrote on 11/02/18 at 12:25:09:
The only reason it's NOT easily understood by lefties is their gut felt need for it to say what they want.



sounds like you're projecting, are you even reading the things I post???

THEY ARE UNDER OUR JURISDICTION AND THEY ARE BORN HERE THEY ARE CITIZENS!!  plain and simple language, and PROVEN THROUGH A CENTURY OF COURT CASES....  

I'll buy you a beer to cry in....
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justin_o_guy2
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Re: 14
Reply #11 - 11/02/18 at 13:04:04
 
Yeah, they belong to America as much as a stranger dropping a baby in your living room belongs to you.
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Re: 14
Reply #12 - 11/02/18 at 13:09:36
 
justin_o_guy2 wrote on 11/02/18 at 13:04:04:
Yeah, they belong to America as much as a stranger dropping a baby in your living room belongs to you.


Yeah jog, that's a perfect, spot on analogy....<<<<<sarcasm

About as good as your "terrorists might be funding the Muslim charity to the Pittsburgh Synagogue"....

Ahh... too funny.
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Re: 14
Reply #13 - 11/02/18 at 13:14:12
 
justin_o_guy2 wrote on 11/02/18 at 13:04:04:
Yeah, they belong to America as much as a stranger dropping a baby in your living room belongs to you.


you want to go to a country with citizenship by blood, go ahead, MOVE

enjoy your feudal serfhood
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Re: 14
Reply #14 - 11/02/18 at 13:15:11
 
justin_o_guy2 wrote on 11/02/18 at 13:04:04:
Yeah, they belong to America as much as a stranger dropping a baby in your living room belongs to you.


oh, and btw THAT BABY WOULD BE UNDER MY JURISDICTION!
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