THE 14TH AMENDMENT AS WRITTEN AND INTENDED
THE 14TH AMENDMENT AS WRITTEN AND INTENDED
By Russell Pearce Former President of the Arizona Senate
Are they confused, corrupt or don’t care? The issue is back and as usual the liberal media has it all wrong, and even more disturbing is the ignorance by Presidential candidates. They want to lead the nation and yet are confused on the Constitution. They have no clue about the 14th Amendment http://www.loc.gov/rr/program/bib/ourdocs/14thamendment.html. This is a critical Constitutional issue. The 14th Amendment had a very specific purpose and it was not to reward law breakers and create an incentive to break into our country and have jackpot babies.
We have allowed this perversion of a very critical issue that is destructive and one of the most stupid abuses of the Constitution and the lack of common sense. The 14th Amendment was to right the wrong dealing with slaves and their children. It is the legacy that belongs to a moral Congress and that of the African Americans, in righting a wrong.
We must restore common sense and sanity to this nation, such as demanding we enforce our current laws by eliminating illegal sanctuary policies, secure our border, eliminate any and all rewards for breaking the law and apply the 14th Amendment as intended.
- No Amnesty
- No jobs
- No Free taxpayer stuff
- Secure the border now
- Enforce our laws
- Stop UnConstitutional Declaration of Citizenship to those born to non-citizens
The Citizenship Clause of the Fourteenth Amendment states that U.S. citizens are “all persons born or naturalized in the United States and SUBJECT TO THE JURISDICTION THEREOF.” Federal law uses almost identical language, “Subject to the jurisdiction thereof.”
“Subject to the jurisdiction thereof” is an essential part of the definition. They meant what they said and history confirms the importance of and necessity of those five words. American Indians, despite their GPS birth location did not receive U.S. Citizenship until it was conferred by congressional acts in 1887, 1901 and 1924, long after ratification of the Fourteenth Amendment.
A baby born to the wife of the ambassador from France, for example, will surely be a French citizen, not an American citizen. For nearly two centuries, the Supreme Court faithfully made it clear that citizenship is consistent with the Constitution and the intent of our Founders.
In 1884, in Elk v. Wilkins https://supreme.justia.com/cases/federal/us/112/94/case.html , the Court held that even though Indians were born in the geographical boundaries of the United States they were not Citizens of the U.S.
In 1942, a federal court in the District of Columbia re-confirmed the conditions of citizenship: “Of course, the mere physical fact of birth in the country does not make these children citizens of the United States … This is fundamental law and within the recognized exception not only to the Constitutional provision relative to citizenship … from the very first settlement of the Colonies.”
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the States wherein they reside.” The language is clear, the debate was clear. Only corrupt or ignorant politicians and media can get something so wrong. The author of the citizenship clause, Sen. Jacob M. Howard (MI) introduced it to the United States Senate in 1866:
Mr. HOWARD: I now move to take up House joint resolution No. 127. (H.R. No. 127) proposing an amendment to the Constitution of the United States. “I do not propose to say anything on that subject except that the question of citizenship has been fully discussed in this body … it is simply declaratory … This will not, of course, include persons born in the United States who are foreigners, aliens, …”
Senator Trumbull continues, “Can you sue a Navajo Indian in court? Are they in any sense subject to the complete jurisdiction of the United States? By no means. We make treaties with them, and therefore they are not subject to our jurisdiction. If they were, we wouldn’t make treaties with them.
Sen. Howard concurs with Sen. Trumbull’s construction:
In other words, only children born to American citizens can be considered citizens of the United States since only an American citizen could enjoy the “extent and quality” of jurisdiction of an American citizen now.
“Naturalization Oath of Allegiance to the United States of America. It reads in part: I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, of whom or which I have heretofore been a subject or citizen…
IT IS CLEAR: The Constitution of the United States is clear and the 14th Amendment did not change how we recognize citizens. It was a clarifying Amendment to protect African Americans and give them the recognition they deserve. It does not grant citizenship at birth to just anyone who happens to be born within American jurisdiction. A child’s birth parents determines the child’s citizenship–not geographical location.
The Center for Immigration Studies http://www.cis.org/births%20by%20immigrants is an independent research institute which examines the impact of immigration on the United States.
- BIRTHS TO IMMIGRANTS AT ALL-TIME HIGH Nearly 1/4 of New Mothers Are Foreign-Born
- 383,000 or 42 percent, of births to immigrants are to illegal alien mothers.
- The issue of births to illegals also shows that a “temporary” worker program would inevitably result in the permanent addition of hundreds of thousands.
- In 2002, births to Hispanic immigrants accounted for 59 percent of all births to immigrant mothers.
- The states with the most dramatic increase in births to immigrants in the last decade are Georgia, North Carolina, Nevada, Nebraska, Arkansas and Arizona.
Russell Pearce, former President of the AZ Senate, Chief Deputy of Maricopa County Sheriff’s Office, Judge and leading national advocate of the Constitution as written and the rule of law.