An Email recently asked me about the 14th Amendment, and if the definition of citizen in Section 1 of that amendment has anything to do with "natural born citizen."
My response:
Thank you so much for the kind words. Madison's notes do not address the definition of natural born citizenship other than mentioning it, but the writings of that time period between the founders point to Vattel's Law of Nations as their source for the definition of natural born citizen. In that document, Chapter XIX, Section 212, the following definition is provided: "The natives, or natural-born citizens, are those born in the country, of parents who are citizens." The Immigration and Naturalization Act of 1798 adds to that definition that the children born outside the United States of two American Parents are citizens - and that definition has been also carried over to natural born citizen as well.
Also note that the 14th Amendment does not address "natural born citizenship," but it does address citizenship. The term "subject to the jurisdiction, thereof," if you go to the debates on the congressional record of the 14th Amendment, mean "full jurisdiction" which includes full allegiance to America. As with natural born citizens, citizenship needed to not have divided loyalties. That is where anchor babies do not fit in with the full jurisdiction. Because their parents are here illegally, and subject to the jurisdiction of Mexico, a divided loyalty exists - hence, based on the 14th Amendment, the children of illegals (anchor babies) are not citizens.
Doug
www.politicalpistachio.com
www.temeculaconstitutionclass.blogspot.com
No comments:
Post a Comment