Posted by
Neophyte Pundit on Wednesday, August 22, 2007 1:43:10 PM
Okay, let's have an open and honest discussion regarding the 14th Amendment, which reads as follows:
" Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof (ed. note, emphasis added), are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. "
Investors Business Daily's $
editorial page$ piqued my curiosity about the amendment. Upon reading it, and looking at the original intent of one the one who insisted upon the emphasized wording, I recognize that many on the left and those who defend the "anchor baby" argument are simply ignoring the LAW.
Jacob Merritt Howard wrote the 13th Amendment argued the following: "he wanted to make clear that the simple accident of birth in the United States was not sufficient to justify citizenship. Howard said:
[The 14th amendment] will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include very other class of person.
So, here's the $20,000 question: a person that flouts our sovereignty by illegally entering the United States, Are they subject to the jurisdiction of the United States? Do they pay taxes, legally, does their loyalty lie with the United States? Are they willing to take up arms to protect the United States against attacks by foreign invaders? A great example, would the illegal immigrant take up arms against a Mexican invasion (not likely to happen, but you get my point)?
In other words, the accident of birth does not justify legal status, as the foreign national was not subject to the jurisdiction of the United States in the first place. The left loves to change the debate to fit their needs, but here the intent of the writers of the amendment are quite clear. Here again, all we need to do as a nation is simple: Enforce the Laws and Secure the Border...
What say you?