JUSTICE BRENNAN'S FOOTNOTE GAVE US ANCHOR BABIES

[GRAY]

Democrats act as if the right to run across the border when you're 8 1/2 months pregnant, give birth in a U.S. hospital and then immediately start collecting welfare was exactly what our forebears had in mind, a sacred constitutional right, as old as the 14th Amendment itself.

http://www.anncoulter.com/

[Flummoxed Lummox]

Ann Coulter?????? 

Please.

[NCVol]

I usually don't get to say this about Ann Coulter, since she's normally intelligent enough to not wander into outright falsehoods, but in this case, she's either completely and utterly ignorant, or a GD liar.  There is no middle ground.  The facts as she presents them are wrong. 

http://lawreview.richmond.edu/birthright-citizenship/

That's just one example of legitimate analysis.  There are many more for anyone with a mind curious to know the facts.  That will exclude the right wingers, obviously, but for anyone else, know that the law is clear, and multiple SC decisions, as well as the legislative history, that ANYONE born here and who does NOT have immunity, such as foreign diplomats, foreign armies, or in some cases native americans who are members of a recognized tribe and therefore are not bound by U.S. laws, IS A CITIZEN.  Period. 

[LTC]

anyone with a mind curious to know the facts

LEts most of the rethuglacrtaps on here out......

[GRAY]

go ahead, blindly ignore this...., it's ok. Nov is coming.

The drafters of the 14th amendment had no intention of conferring citizenship on the children of aliens who happened to be born in the U.S. (For my younger readers, back in those days, people cleaned their own houses and raised their own kids.)

Inasmuch as America was not the massive welfare state operating as a magnet for malingerers, frauds and cheats that it is today, it's amazing the drafters even considered the amendment's effect on the children of aliens.

But they did.

The very author of the citizenship clause, Sen. Jacob Howard of Michigan, expressly said: "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."

[NCVol]

As I predicted, you're not interested in reading about the facts of the amendment.  

The drafters COULD HAVE required that the children be of CITIZENS to be granted citizenship, but they did NOT do that.  They could have required that the children be born to parents who owed ALLEGIANCE to the U.S. but they did not.  The drafters only required that the parents be subject to the JURISDICTION of the U.S.

You guys pretend that the words actually included in the amendment do not matter, that you can interpret the constitution according to what the amendment might mean if the drafters didn't pick the words they picked, but had instead used other words entirely, with an entirely different meaning than is in the very plain language of the amendment itself.

Since you're too lazy/incurious about the facts to click on a link,here's some discussion.

   Second, proponents claim that the Citizenship Clause protects only the children of persons who owe complete allegiance to the U.S. – namely, U.S. citizens. To support this contention, proponents cite stray references to “allegiance” by Senator Trumbull (a presumed authority in light of his Judiciary Committee chairmanship) and others, as well as the text of the 1866 Civil Rights Act.

   But the text of the Citizenship Clause requires “jurisdiction,” not “allegiance.” Nor did Congress propose that “all persons born to U.S. citizens are citizens of the United States.” To the contrary, Senator Cowan opposed the Citizenship Clause precisely because it would extend birthright citizenship to the children of

    people who … owe [my state] no allegiance; who pretend to owe none; who recognize no authority in her government; who have a distinct, independent government of their own …; who pay no taxes; who never perform military service; who do nothing, in fact, which becomes the citizen, and perform none of the duties which devolve upon him.30

    Moreover, Cowan’s unambiguous rejection of “allegiance” formed an essential part of the consensus understanding of the Howard text.

Furthermore, the 1866 Act provides little support either

    In one exchange, Cowan, in a preview of his later opposition to the Howard text, “ask[ed] whether [the Act] will not have the effect of naturalizing the children of Chinese and Gypsies born in this country?” Trumbull replied: “Undoubtedly. … [T]he child of an Asiatic is just as much a citizen as the child of a European.”33

So the point is the OPPONENTS of the amendment opposed it in part because it would in fact grant citizenship to children born of people like Chinese workers brought over to do the job of former slaves, and gypsies.  

And finally, let's review the quote Coulter cites.  

"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."

Coulter deserves credit for including the full quote, not cutting it off as many do.  Even so, she quotes the sentence, and interprets as if it was this:

This will not, of course, include persons born in the United States who are foreigners, aliens,

That's the ignorant interpretation, that the amendment excludes kids born to foreigners.  But the quote goes on, to include this "who belong to the families of ambassadors or foreign ministers."  That's the key, because THOSE people, diplomats who have IMMUNITY from our laws, are not subject to the jurisdiction of the U.S. - they are immune from our laws, like they are today.  Surely living in NYC, you know that diplomats can park anywhere, drive anywhere at any speed, can commit crimes and we have no recourse but to deport them.  You know this, right.  You live in NYC with thousands of these people, right?  THEIR kids born here are NOT citizens, since they are immune from our laws, and cannot be prosecuted by us.  

The kids of illegals are NOT immune from our laws.  They are subject to them all, can and are prosecuted, they are in our jails, sometimes we deport them.  They have to pay taxes, observe the traffic laws, cannot park in the middle of the street and not pay the ticket, etc.  

[NCVol]

BTW, just to show Ann Coulter is indeed ignorant or a GD liar, here's this passage.

And then, out of the blue in 1982, Justice Brennan slipped a footnote into his 5-4 opinion in Plyler v. Doe, asserting that "no plausible distinction with respect to Fourteenth Amendment 'jurisdiction' can be drawn between resident aliens whose entry into the United States was lawful, and resident aliens whose entry was unlawful." (Other than the part about one being lawful and the other not.)

Except that's a lie.  The DISSENT, the four who disagreed with the majority opinion, said this:

I have no quarrel with the conclusion that the Equal Protection Clause of the Fourteenth Amendment applies to aliens who, after their illegal entry into this country, are indeed physically "within the jurisdiction" of a state.

Do you get that?  Illegals are within the jurisdiction of the U.S.  Now let's review the Amendment again.

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.

So in that decision, all NINE Justices agreed.  Illegals ARE within the jurisdiction of the U.S.   Therefore, their kids ARE citizens.  Ann Coulter is a GD liar for suggesting that only the libs in the majority agreed - ALL NINE AGREED WITH THE FOOTNOTE. 

[plumbervol]

Again reading most of your analysis of the so called illegals show me just how stupid most of you all are. But moving on our TN US Rep actually has a piece of legislation in mind to help fix the problem.
http://www.knoxnews.com/news/2010/aug/07/duncan-gaining-support-for-bill/
I don't know if it will stand up in court but it is a start.. One I support. What I don't support is nativism used for political agenda...

Immigration Reform and Control Act of 1986 changed the entire landscape of immigration. That and the creation of the  H-1B visas that were stretched to include Farm Workers for the benefit of all places California and the agriculture industry. Seems that Texas benefits from this stretching of the constraints. A company cannot recruit you but a hiring agency can sponsor you. You apply for a work visa and it may take up to 90 days to get it. while waiting you are eligible for a Temporary Visa based on your foreign Identity papers. remember the Border does not require entrance Visa's from the Mexican Border!! Long as you are not on a list. The biggest request pool is for H-2A Visa classification a work visa that applies to temporary or seasonal agricultural workers. They can stay in country up to 6 months working other jobs while waiting for the agricultural season to start again. They can work from Ca across the grain belt to TN and its corn, Granger County Tomatoes and Burly over to the sea coast and the fishing industry.  They work the crab cannery and freezers in Washington ST and Alaska over to Monteray TN and the Mushroom factory here in Middle TN. They work the cattle farms of Texas and the dairy farms of Wisconsin. The number one employer is subcontractors for Municipals and States when not working the agricultural jobs......

[GRAY]

i am relieved to know that according to NC, illegals and their kids "have to pay taxes"

lmao

[Just Win]

Democrats act as if the right to run across the border when you're 8 1/2 months pregnant, give birth in a U.S. hospital and then immediately start collecting welfare was exactly what our forebears had in mind, a sacred constitutional right, as old as the 14th Amendment itself.

http://www.anncoulter.com/

he unleashed much evil from the bench during his judicial tenure that haunts us to this day. very few of his rulings were just. it is sad that the rulings of an unjust man continues to harm our nation. the legacy of those on the left that serve in government is one of infamy.  

[NCVol]

i am relieved to know that according to NC, illegals and their kids "have to pay taxes"

lmao

Well, , if an illegal works and gets paid for his labor and does NOT pay taxes, it's because his or her employer is a frikcing crook and pays them off the books with cash and doesn't report and withhold as the LAW requires.

So if the illegals are avoiding taxes, why don't you advocate for fines and jail time for their crook tax cheat employers? 

Oh yeah, exploiting the disposable, low wage, illegal labor is OK for Real Americans, but the workers who are being exploited are scum.  I keep forgetting the double standard for "conservative" hypocrites..... 

[NCVol]

he unleashed much evil from the bench during his judicial tenure that haunts us to this day. very few of his rulings were just. it is sad that the rulings of an unjust man continues to harm our nation. the legacy of those on the left that serve in government is one of infamy.  

Name TWO cases where he decided in favor of evil.  I'd say one, but liar or ignorant dolt AC (take your pick, it's one of the two) gave you the first case, so give us your number TWO offense against all that is good that came from Justice Brennan.