Dear Editor:

This subject always gets folks riled up, and although it is the season of sharing, we’re approaching a critical time with the possibility of a Biden administration unleashing a flood of immigrants on our society, and I think we need to find an answer to this question.

For years, the halls of Congress have resounded with calls for hearings into the 14th Amendment’s supposed grant of citizenship to children born in the United States whose parents are illegal aliens. The issue of whether citizenship is a condition of the location of birth of the “anchor baby” is seen as a crucial battle in the wider war against the invasion of the United States by millions of illegal aliens.

We must look at the original intent of the Constitution (our laws) and especially the terms “natural-born citizen” and “subject to the jurisdiction thereof”. 

The eminent Swiss jurist Emer de Vattel defined citizenship in his seminal The Law of Nations as “Natural-born citizens, are those born in the country, of parents who are citizens.  As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.  The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent.  I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for if he is born there of a foreigner, it will be only the place of his birth, and not his country.”

As pointed out in Joe Wolverton’s article at TheNewAmerican.com “Citizenship - rightly defined - depends upon the undivided and lawful allegiance of the child’s parents.  Can a child legally inherit property from his parents that his parents do not own?  While that child indisputably may work and attain that property by his own effort, his parents may not bequeath such to him, for it is not lawfully theirs to give.”

Dennis Fuller

Orofino

(1) comment

Mveine

Dear Mr. Fuller

The concept of birth citizenship comes from English Common law that is 412 years old and was familiar to our founders. Here is a brief history of the enshrinement of this Right.

"Birthright citizenship, as with much United States law, has its roots in English common law.[36] Calvin's Case, 77 Eng. Rep. 377 (1608),[38] was particularly important as it established that, under English common law, "a person's status was vested at birth, and based upon place of birth—a person born within the king's dominion owed allegiance to the sovereign, and in turn, was entitled to the king's protection."[39] This same principle was accepted by the United States as being "ancient and fundamental", i.e., well-established common law, as stated by the Supreme Court in 1898: "the Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes." United States v. Wong Kim Ark, 169 U.S. 649 (1898)."

The American Indians were granted Citizenship in 1924 by an Act of Congress.

You could argue that the parents of a birthright citizen could be deported and the child would become a Ward of the State, but that sounds like a Communist argumen (or at least Dickensonian) and would make you a monster for and is at odds with American Family Values.

Instead I would suggest that we work together on the complicated issues presented by guest workers and undocumented families instead of seeking changes in long established Governing Principles enshrined in American Law.

Respectfully

MVeine

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