{"id":26350,"date":"2015-08-25T11:50:09","date_gmt":"2015-08-25T15:50:09","guid":{"rendered":"http:\/\/www.rightwinggranny.com\/?p=26350"},"modified":"2015-08-25T11:50:09","modified_gmt":"2015-08-25T15:50:09","slug":"one-side-of-the-story","status":"publish","type":"post","link":"https:\/\/www.rightwinggranny.com\/?p=26350","title":{"rendered":"One Side Of The Story"},"content":{"rendered":"<p>The has been a lot of discussion among the political class lately about the concept of <a class=\"zem_slink\" title=\"Jus soli\" href=\"http:\/\/en.wikipedia.org\/wiki\/Jus_soli\" target=\"_blank\" rel=\"wikipedia\">birthright citizenship<\/a>. At the present time, the policy seems to be that any child born in America is an <a class=\"zem_slink\" title=\"United States\" href=\"http:\/\/maps.google.com\/maps?ll=38.8833333333,-77.0166666667&amp;spn=10.0,10.0&amp;q=38.8833333333,-77.0166666667 (United%20States)&amp;t=h\" target=\"_blank\" rel=\"geolocation\">American<\/a> citizen, regardless of the status of the child&#8217;s parents. There are valid arguments on both sides, but I would like to present the argument that says the child&#8217;s status depends on the status of the parents.<\/p>\n<p>The quotes are from an article in the <a href=\"https:\/\/www.conservativereview.com\/Commentary\/2015\/08\/originalist-case-against-birthright-citizenship\" target=\"_blank\">Conservative Review<\/a> by <a class=\"zem_slink\" title=\"Daniel Horowitz\" href=\"http:\/\/www.whitecollar.us\/index.html\" target=\"_blank\" rel=\"homepage\">Daniel Horowitz<\/a>. Please follow the link to read the entire article.<\/p>\n<p>The article points out what we would have to accept to say that any child born in America is automatically an American citizen:<\/p>\n<p style=\"padding-left: 30px;\"><strong>Let\u2019s put aside everything we believe as conservatives for a moment and take the activist ruling of <a class=\"zem_slink\" title=\"United States v. Wong Kim Ark\" href=\"http:\/\/en.wikipedia.org\/wiki\/United_States_v._Wong_Kim_Ark\" target=\"_blank\" rel=\"wikipedia\">Wong Kim Ark<\/a> [169 U.S. 649 (1898)] as impregnable constitutional law.\u00a0 As such, the <a class=\"zem_slink\" title=\"Fourteenth Amendment to the United States Constitution\" href=\"http:\/\/en.wikipedia.org\/wiki\/Fourteenth_Amendment_to_the_United_States_Constitution\" target=\"_blank\" rel=\"wikipedia\">14th Amendment<\/a> would compel Congress and the Executive agencies to grant citizenship to all children of legal immigrants.\u00a0 Although we all agree as a matter of policy that it is a good idea to grant children born to legal permanent residents citizenship, by accepting the 1898 court decision as settled law, thereby enshrining birthright citizenship into our Constitution, we\u2019d have to swallow the following ridiculous notions:<\/strong><\/p>\n<p style=\"padding-left: 30px;\"><strong>We\u2019d be adopting one-directional stare decisis of an activist court that overturned two previous court decisions: the 1873 <a class=\"zem_slink\" title=\"Slaughter-House Cases\" href=\"http:\/\/en.wikipedia.org\/wiki\/Slaughter-House_Cases\" target=\"_blank\" rel=\"wikipedia\">Slaughterhouse Cases<\/a> and <a class=\"zem_slink\" title=\"Elk v. Wilkins\" href=\"http:\/\/en.wikipedia.org\/wiki\/Elk_v._Wilkins\" target=\"_blank\" rel=\"wikipedia\">Elk v. Wilkins<\/a> (1884).\u00a0 In those cases, the Supreme Court made it clear that the original intent of the 14th Amendment was primarily to grant equal rights to freed black slaves and that the phrase \u201csubject to the jurisdiction thereof\u201d required that the petitioner for citizenship be \u201ccompletely subject to their political jurisdiction, and owing them direct and immediate allegiance.\u201d\u00a0 These cases excluded children born to foreign diplomats and Native American Indians and were quite clear that the meaning of the 14th Amendment would not include all children of immigrants \u2013 most of whom would have been covered by less political jurisdiction than even those born on <a class=\"zem_slink\" title=\"Indian reservation\" href=\"http:\/\/en.wikipedia.org\/wiki\/Indian_reservation\" target=\"_blank\" rel=\"wikipedia\">Indian reservations<\/a>, which were partially under U.S. jurisdiction.<\/strong><\/p>\n<p class=\"pro-indent\" style=\"padding-left: 30px;\"><strong>&#8230;<a class=\"zem_slink\" title=\"Immigration Law\" href=\"https:\/\/www.upcounsel.com\/immigration-law\" target=\"_blank\" rel=\"upcounsel\">Immigration<\/a> transformation pursued outside of the democratic process is even worse than having courts decide societal issues, such as abortion and gay marriage, in what <a class=\"zem_slink\" title=\"Antonin Scalia\" href=\"http:\/\/en.wikipedia.org\/wiki\/Antonin_Scalia\" target=\"_blank\" rel=\"wikipedia\">Justice Scalia<\/a> calls \u201csocietal transformation without representation.\u201d\u00a0 The courts have now empowered themselves to unilaterally and immutably change civil society itself \u2013 without any recourse from those the Constitution vested with making such decisions.\u00a0 How far we have deviated from the Founders\u2019 vision that even so-called conservatives support the idea of changing the civil society without the consent of its citizens.<\/strong><\/p>\n<p class=\"pro-indent\" style=\"padding-left: 30px;\"><strong>Indeed, the issue of birthright citizenship for illegal immigrants is not just a tangential topic within immigration.\u00a0 It cuts to the very core of how illegal immigrants are able to coerce their will on the American citizenry and the broader issue of sovereignty.\u00a0 This runs much deeper than the 14<sup>th<\/sup> Amendment.\u00a0 The question for policy-makers has moved beyond whether we will survive as a nation as our Founder\u2019s envisioned.\u00a0 We have already deviated so far from that vision.\u00a0 It\u2019s a question of whether we are a nation at all. \u00a0 \u00a0 \u00a0\u00a0<\/strong><\/p>\n<p class=\"pro-indent\">When told that we need automatic citizenship for all children born here regardless of the status of their parents, you might want to consider what the policy is in other countries. In most countries, enforcing the border is considered a natural thing to do. It is not a matter of debate. If an American went to Mexico illegally, he\u00a0would be jailed or sent home&#8211;no other options. If we are to remain a nation, we have to begin to act like one. Acting like a nation includes taking responsibility for enforcing our borders and knowing who is in our country. We do need to change our immigration system to allow for legal immigration, but before we do that, we have to end illegal immigration.<\/p>\n<p style=\"padding-left: 30px;\">\n","protected":false},"excerpt":{"rendered":"<p>The has been a lot of discussion among the political class lately about the concept of birthright citizenship. At the present time, the policy seems to be that any child born in America is an American citizen, regardless of the &hellip; <a href=\"https:\/\/www.rightwinggranny.com\/?p=26350\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[9365,9366,9364,9362,285,1501,9363],"class_list":["post-26350","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-birthright-citizenship-in-the-united-states","tag-citizenship-clause","tag-elk-v-wilkins","tag-fourteenth-amendment-to-the-united-states-constitution","tag-united-states","tag-united-states-constitution","tag-united-states-v-wong-kim-ark"],"_links":{"self":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/26350","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=26350"}],"version-history":[{"count":1,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/26350\/revisions"}],"predecessor-version":[{"id":26351,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/26350\/revisions\/26351"}],"wp:attachment":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26350"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26350"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26350"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}