It's time to end birthright citizenship
In Texas, between 60,000 to 65,000 babies achieve U.S. citizenship annually by being born in the state's hospitals, according to a tally released by the state's Health and Human Services Commission. Last year, such births represented almost 16 percent of the total births statewide. (Dallas Morning News)
It all revolves around the 14th Amendment to the US Constitution
The 14th Amendment was adopted in 1868 as a way to block state laws that prevented former slaves from becoming citizens. It also effectively overruled the Dred Scott decision of 1857 in which the U.S. Supreme Court declared that slaves were mere property and could not become citizens.
The amendment offered a broad definition of citizenship in one simple sentence: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." (Dallas Morning News)We don't need to amend the constitution
Republicans are talking up legislation to end this backdoor citizenship, and liberals are screaming hysterically about Dred Scott being restored. Worse than the Democratic demagoguery, the press can't keep the facts straight. I keep reading about a constitutional amendment being required, but George Will isn't so sure:
... this irrationality is rooted in a misunderstanding of the phrase "subject to the jurisdiction thereof." What was this intended or understood to mean by those who wrote it in 1866 and ratified it in 1868?
The authors and ratifiers could not have intended birthright citizenship for illegal immigrants because in 1868 there were and never had been any illegal immigrants because no law ever had restricted immigration.This has been tested in a court of law
Appropriately, in 1884 the Supreme Court held that children born to Indian parents were not born "subject to" U.S. jurisdiction because, among other reasons, the person so born could not change his status by his "own will without the action or assent of the United States." And "no one can become a citizen of a nation without its consent."All it takes is some legislation enacting what the Supreme Court has already affirmed
... this decision "seemed to establish" that U.S. citizenship is "a consensual relation, requiring the consent of the United States."
So: "This would clearly settle the question of birthright citizenship for children of illegal aliens. There cannot be a more total or forceful denial of consent to a person's citizenship than to make the source of that person's presence in the nation illegal."
Gralia (Lino Graglia of the University of Texas law school) seems to establish that there is no constitutional impediment to Congress ending the granting of birthright citizenship to persons whose presence here is "not only without the government's consent but in violation of its law."
http://bigjournalism.com/fross/2010/08/09/illegal-immigration-anchor-babies-and-the-14th-amendment-when-cbs-news-actually-did-its-job/












