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  #61 (permalink)  
Old 08-22-2007
Slon Slon is offline
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Re: Hit The Road, Elvira...

Quote:
Originally Posted by tamperpr00f View Post
Amen! It strikes me that if people voted strictly for those who they agreed with the most, and not for those who they thought had the best chance to win, this country would be a lot different.
Yep. I am having trouble understand how a person with any sense can agree with most of Bush's policies.
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  #62 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

Quote:
Originally Posted by Eagle88 View Post
That's debatable. The 14th amendment says:



I would argue that the child of an illegal immigrant is not subject to the jurisdictions of the United States or the State government wherein they reside. Rather the illegal immigrant and their child are subject to the jurisdiction of the country that they came from.
I think that is a VERY dangerous position to take.
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  #63 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

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Originally Posted by Slon View Post
Yep. I am having trouble understand how a person with any sense can agree with most of Bush's policies.
I am what most people would consider a conservative and I agree with you.
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  #64 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

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Originally Posted by pramjockey View Post
I think that is a VERY dangerous position to take.
It's also incorrect from a legal standpoint. This has been well documented on this very forum in other threads.

Matt
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  #65 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

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Originally Posted by pramjockey View Post
I think that is a VERY dangerous position to take.
How so? Only the children of illegal immigrants would be effected.

Quote:
Originally Posted by MattLarson View Post
It's also incorrect from a legal standpoint. This has been well documented on this very forum in other threads.

Matt
Respectfully, I question that. I could be wrong though. Can you post the source?
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  #66 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

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Originally Posted by Eagle88 View Post
How so? Only the children of illegal immigrants would be effected.
Because it opens the floodgates to all sorts of other problems, starting with the definition of citizenship.
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  #67 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

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Originally Posted by Eagle88 View Post
How so? Only the children of illegal immigrants would be effected.



Respectfully, I question that. I could be wrong though. Can you post the source?
I'll be away from the machine for a bit, but I'll go looking for it when I get a chance.

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  #68 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

This should serve as a starter, though:

Quote:
(a) The illegal aliens who are plaintiffs in these cases challenging the statute may claim the benefit of the Equal Protection Clause, which provides that no State shall "deny to any person within its jurisdiction the equal protection of the laws." Whatever his status under the immigration laws, an alien is a "person" in any ordinary sense of that term. This Court's prior cases recognizing that illegal aliens are "persons" protected by the Due Process Clauses of the Fifth and Fourteenth Amendments, which Clauses do not include the phrase "within its jurisdiction," cannot be distinguished on the asserted ground that persons who have entered the country illegally are not "within the jurisdiction" of a State even if they are present within its boundaries and subject to its laws. Nor do the logic and history of the Fourteenth Amendment support such a construction. Instead, use of the phrase "within its jurisdiction" confirms the understanding that the Fourteenth Amendment's protection extends to anyone, citizen or stranger, who is subject to the laws of a State, and reaches into every corner of a State's territory. Pp. 210-216.

Plyer v. Doe 457 U.S. 202 (1982)
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  #69 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

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Originally Posted by pramjockey View Post
Because it opens the floodgates to all sorts of other problems, starting with the definition of citizenship.
How does it do that?

Quote:
Originally Posted by MattLarson View Post
This should serve as a starter, though:
Well, I was actually talking about whether or not citizenship should be granted to the child of an illegal immigrant. The opening clause of the 14th amendment declares already what it takes to be a citizen of the US. (This is why I am confused about pramjockey's comments) Basically, 1. the person must be either born or naturalized here and 2. the person must be subject to the jurisdiction of the United States. If a person meets these two criteria then they are a citizen. My stipulation is that the children of illegal immigrants not subject to the jurisdiction of the US.
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  #70 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

If they're not subject to the jurisdiction of the US, they can't be held liable for any criminal activities here.

In addition, there's a bigger problem of redefining citizenship. What other limitations will we put on people who are born here? Turning citizenship into a political thing, IMHO, is very dangerous.
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  #71 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

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Originally Posted by pramjockey View Post
If they're not subject to the jurisdiction of the US, they can't be held liable for any criminal activities here.

In addition, there's a bigger problem of redefining citizenship. What other limitations will we put on people who are born here? Turning citizenship into a political thing, IMHO, is very dangerous.
I would think it would be quite easy to redefine citizenship as belonging to any child of a citizen who is a resident of the United States. Or of course a person who has become a naturalized citizen.
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  #72 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

So, a child born to parents who live outside the US, but who are legal residents would be a citizen? What if only one parent is a citizen, i.e. a soldier has sex with a man while deployed, and gets pregnant. At what point does the child become a citizen?


edit: the other consideration: proving who the father is. Do we require paternity tests for all children born to make sure that the father is a legal resident?
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  #73 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

Quote:
Originally Posted by pramjockey View Post
If they're not subject to the jurisdiction of the US, they can't be held liable for any criminal activities here.
I think we're talking past each other. That's a different definition of the phrase "subject to the jurisdiction". This is the way I understand it:

Quote:
Originally Posted by FAIR
The phrase "subject to the jurisdiction thereof" was intended to exclude from automatic citizenship American-born persons whose allegiance to the United States was not complete. In the case of illegal aliens who are temporarily or unlawfully in the United States, because their native country has a claim of allegiance on the child, the completeness of the allegiance to the United States is impaired and logically precludes automatic citizenship.
FAIR: : Anchor Babies: The Children of Illegal Aliens

Now, perhaps I'm wrong. It could be. If so then I propose that we pass a Constitutional amendment that makes the children of illegal immigrants not citizens.

Quote:
Originally Posted by pramjockey View Post
In addition, there's a bigger problem of redefining citizenship. What other limitations will we put on people who are born here? Turning citizenship into a political thing, IMHO, is very dangerous.
How is it redefining? The 14th amendment says that a person must be "born or naturalized" here and "subject to the jurisdiction" of the country in order to be a citizen.
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  #74 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

Quote:
Originally Posted by pramjockey View Post
So, a child born to parents who live outside the US, but who are legal residents would be a citizen?
Actually, no.

Quote:
Originally Posted by US Constitution, 14th Amendment
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.
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  #75 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

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Originally Posted by Eagle88 View Post
Now, perhaps I'm wrong. It could be. If so then I propose that we pass a Constitutional amendment that makes the children of illegal immigrants not citizens.
I'm paring this down, 'cause it seems like this is the meat of your post.

What do you do if one parent is legal, and the other illegal? Does it matter if it's the father that's the legal one vs. the mother?
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