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<blockquote data-quote="Babagounj" data-source="post: 1207258" data-attributes="member: 12952"><p>The 14[SUP]th[/SUP] Amendment was ratified in 1868 to protect the rights of native-born Black Americans, whose rights were being denied as recently-freed slaves. It was written in a manner so as to prevent state governments from ever denying citizenship to blacks born in the United States.</p><p><strong>Supreme Court decisions</strong></p><p></p><p> The correct interpretation of the 14[SUP]th[/SUP] Amendment is that an illegal alien mother is subject to the jurisdiction of her <em>native</em> country, as is her baby. </p><p>The Court essentially stated that the status of the parents determines the citizenship of the child. To qualify children for birthright citizenship, based on the 14th Amendment, parents must owe "direct and immediate allegiance" to the U.S. and be "completely subject" to its jurisdiction. In other words, they must be United States citizens .</p><p>In 1889, the <em>Wong Kim Ark</em> Supreme Court case once again, in a ruling based strictly on the 14[SUP]th[/SUP] Amendment, concluded that the status of the parents was crucial in determining the citizenship of the child. The current misinterpretation of the 14th Amendment is based in part upon the presumption that the <em>Wong Kim Ark</em> ruling encompassed illegal aliens. In fact, it did <em>not</em> address the children of illegal aliens and non-immigrant aliens, but rather determined an allegiance for <em>legal immigrant</em> parents based on the meaning of the word <em>domicil(e)</em>. Since it is inconceivable that illegal alien parents could have a <em>legal</em> domicile in the United States, the ruling clearly did not extend birthright citizenship to children of illegal alien parents. Indeed, the ruling strengthened the original intent of the 14[SUP]th[/SUP] Amendment.</p><p></p><p><a href="http://www.14thamendment.us/birthright_citizenship/original_intent.html" target="_blank">The 14th Amendment to the United States Constitution - Fourteenth Amendment - anchor babies and birthright citizenship - interpretations and misinterpretations - US Constitution</a></p></blockquote><p></p>
[QUOTE="Babagounj, post: 1207258, member: 12952"] The 14[SUP]th[/SUP] Amendment was ratified in 1868 to protect the rights of native-born Black Americans, whose rights were being denied as recently-freed slaves. It was written in a manner so as to prevent state governments from ever denying citizenship to blacks born in the United States. [B]Supreme Court decisions[/B] The correct interpretation of the 14[SUP]th[/SUP] Amendment is that an illegal alien mother is subject to the jurisdiction of her [I]native[/I] country, as is her baby. The Court essentially stated that the status of the parents determines the citizenship of the child. To qualify children for birthright citizenship, based on the 14th Amendment, parents must owe "direct and immediate allegiance" to the U.S. and be "completely subject" to its jurisdiction. In other words, they must be United States citizens . In 1889, the [I]Wong Kim Ark[/I] Supreme Court case once again, in a ruling based strictly on the 14[SUP]th[/SUP] Amendment, concluded that the status of the parents was crucial in determining the citizenship of the child. The current misinterpretation of the 14th Amendment is based in part upon the presumption that the [I]Wong Kim Ark[/I] ruling encompassed illegal aliens. In fact, it did [I]not[/I] address the children of illegal aliens and non-immigrant aliens, but rather determined an allegiance for [I]legal immigrant[/I] parents based on the meaning of the word [I]domicil(e)[/I]. Since it is inconceivable that illegal alien parents could have a [I]legal[/I] domicile in the United States, the ruling clearly did not extend birthright citizenship to children of illegal alien parents. Indeed, the ruling strengthened the original intent of the 14[SUP]th[/SUP] Amendment. [url=http://www.14thamendment.us/birthright_citizenship/original_intent.html]The 14th Amendment to the United States Constitution - Fourteenth Amendment - anchor babies and birthright citizenship - interpretations and misinterpretations - US Constitution[/url] [/QUOTE]
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