Lets see we have over 4 million births a year in the US so I guess we set up a new government agency to verify both parents are citizens(one is one is not you figure it out).And of course we would never just single out Mexican looking babies.So are Obama’s kids citizens of the US or Kenya under the repeal of the 14th amendment?

Colby Hall wrote:
“which essential claims that any child born in the United States is automatically a naturalized citizen, regardless of the immigration status of their parents.” No where does it say anything about immigration status Mr. Hall.

What the actual citizenship clause states is:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.”

The actual author of the citizenship clause, Senator Jacob Howard, actually stated the following in 1866:

“Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.”

The intent of the clause was to ensure that recently freed slaves were considered citizens.

chucken said:
So are Obama’s kids citizens of the US or Kenya under the repeal of the 14th amendment?

Of course they are citizens. Their mother and father are, so they are citizens.

“with so-called “anchor babies” (the derisive term used to described naturalized citizens born to illegal immigrants.” Colby Hall

Not derisive; the plain truth. That crap has been going on for years in California. I remember reading how that swine Henry Waxman increased funding to hospitals for exactly that purpose, to deliver children for illegals. The 14th Amendment needs to be changed immediately to close that loophole.

What the states need to do is call for a Constitutional convention in order to write some much needed Amendments to the US Constitution. There are 2 methods to pass an Amendment. One, is for congress to pass a bill in both houses by 2/3s. Then the amendment goes to the state legislature for passage. All Amendments have been created an passed in this manner.

The second way is by completely circumventing the federal government. This is where the states call for a Constitutional convention, by 2/3s of the states legislatures. Once the amendments have been created, they go to the states for passage by 3/4s of the legislature. This method has never been used. But it goes to show you the genius of our founding fathers. They knew that governments get out of control; that’s just their nature. So, the states could totally leave the feds out of the process.

This debate is no more than mental masturbation.It’s only the GOP tossing red meat for the teabaggers to vote for Republicans in November.You are born on American soil you are an American PERIOD.If you don’t think so go to worldnetdaily or freerepublic with the rest of the rightwing wackjobs.This is a 1 week story at best.

I love conservatives’ hypocrisy. The amendment says very clearly that anyone born in the U.S. or within it’s jurisdiction is a citizen. Period. There are no caveats and yes, they did consider children of undocumented immigrants when they debated that amendment! Even the most illiterate, uneducated buffoon can understand something so concise, but NOOOOOOOOOOO….conservatives know better.

Why are we even talking constitution conventions in order to rewrite amendments? You and I know that would never work. You are not going to get super-majorities of both houses and 3/4 of all the US ratifying that stuff. Thank God the founders made it difficult so reactionary knee-jerk conservatives wouldn’t butcher the document we hold so dearly with petty demagoguery.

I will be fair, liberals do the same thing in redefinition of things they do not like in the U.S. constitution like the 2nd amendment.

The 14th Amendment was to make sure the children of Slaves would be citizens. The meaning of this Amendment has been bastardized by the corrupt Congress and Liberals in the Courts. It needs to be reviewed. Illegal Aliens babies should NOT be automatic citizens of this country.

Most worrisome it is when Kelly and Dobbs are voices of reason among the radical rightists infesting our republic. Abolish the 14th Amendment, indeed! Virtually all our protections against the individual states come to us by way of the 14th Amendment. Ignorance and xenophobia make a most toxic potion.

MY BONNIE LIES OVER THE OCEAN
MY BONNIE LIES OVER THE SEA
FOX NEWS ALWAYS LIES
WHEREVER BONNIE MAY BE.

Averreauxii said:
I love conservatives’ hypocrisy. The amendment says very clearly that anyone born in the U.S. or within it’s jurisdiction is a citizen. Period. There are no caveats and yes, they did consider children of undocumented immigrants when they debated that amendment!

Oh really? That is not what the evidence says. The author of the clause thought other wise. Well this is what Senator Howard, the author, said:

“Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.”

While I agree that courts have claimed that anyone is a US citizen if born here, but that wasn’t the authors intent. You can’t just go around making false claims as if you were The Real Royal King.

Averreauxii said:
Why are we even talking constitution conventions in order to rewrite amendments? You and I know that would never work. You are not going to get super-majorities of both houses and 3/4 of all the US ratifying that stuff.

You don’t even need congress. As I’ve pointed out before, there are 2 methods. One involves the congress and states, the other, which has never been used, only requires the states.

The Real Royal King said:
Most worrisome it is when Kelly and Dobbs are voices of reason among the radical rightists infesting our republic. Abolish the 14th Amendment, indeed! Virtually all our protections against the individual states come to us by way of the 14th Amendment.

Are you serious? You know you can over turn only certain areas. Damn people…..read the damn Constitution and the Amendments.

Averreauxii said:
I love conservatives’ hypocrisy. The amendment says very clearly that anyone born in the U.S. or within it’s jurisdiction is a citizen. Period. There are no caveats and yes, they did consider children of undocumented immigrants when they debated that amendment! Even the most illiterate, uneducated buffoon can understand something so concise, but NOOOOOOOOOOO….conservatives know better. Why are we even talking constitution conventions in order to rewrite amendments? You and I know that would never work. You are not going to get super-majorities of both houses and 3/4 of all the US ratifying that stuff. Thank God the founders made it difficult so reactionary knee-jerk conservatives wouldn’t butcher the document we hold so dearly with petty demagoguery.

So, the laws of this great Country should be respected and enforced, right?

More Liberty said:
Oh really? That is not what the evidence says. The author of the clause thought other wise. Well this is what Senator Howard, the author, said: “Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.” While I agree that courts have claimed that anyone is a US citizen if born here, but that wasn’t the authors intent. You can’t just go around making false claims as if you were The Real Royal King.

It is a fundamental principle of Constitutional law interpretation that the provision or amendment’s background is of no import if the meaning of the provision or amendment on its face is unambiguous. A corollary is that the background cannot create an ambiguity which does not otherwise exist. Wherein lies the ambiguity in:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.”?

There is none.

Now, stop whining and stop misleading people.

MY BONNIE LIES OVER THE OCEAN
MY BONNIE LIES OVER THE SEA
FOX NEWS ALWAYS LIES
WHEREVER BONNIE MAY BE.

The Real Royal King said:
Now, stop whining and stop misleading people.

You mean the way you lied and mislead people about Senator DeMint wanting to force sterilization on non whites. You mean like that Real Royal King.

Serious question — if a pregnant citizen of any country is here legally (vacationing, working, etc.) and the baby is born, is that child granted U.S. citizenship even if neither parent is a U.S. citizen?

fanofamerica said:
Serious question — if a pregnant citizen of any country is here legally (vacationing, working, etc.) and the baby is born, is that child granted U.S. citizenship even if neither parent is a U.S. citizen?

As the law is interpreted now – Yes.