The Fourteenth Amendment’s guarantee is more than just being born in the USA. The Fourteenth Amendment guarantees the citizenship of those naturalized or those born to USA citizens.
Too many people have misinterpreted the Constitution to say “if they are born here, they are US citizens.” That would be wrong. To be a citizen of the USA you have to be under the jurisdiction of the US Constitution; meaning to say, the Constitution has to apply to you.
Citizens of other countries are not bound by the requirements of the US Constitution or the government of the USA. So, if they visit our country legally and have a child here that child still belongs to them. The parents are not under the jurisdiction of the US Constitution. Those parents are citizens of another country visiting here. So are their children who just happen to be born here. If the child is a US citizen, why have we allowed so many foreign nationals to take the children to other countries? The reason is simple: the children are not US citizens. The children carry the same citizenship as their parents.
This is an important distinction that needs to be brought before federal courts, immigration offices, Congress, and the White House.
There was so much hoopla about Barak H Obama’s citizenship. He was a citizen all along, regardless where he was born, as long as his mother never gave up her citizenship. BHO’s father was a citizen of Kenya. If BHO’s mother did not give up her US citizenship before BHO’s birth then BHO is both a citizen of Kenya and the USA. Per the Fourteenth Amendment of the US Constitution. Settled?
Foreign nationals – whether they arrived in the USA legally or illegally – are not citizens and nor are their children. So, amnesty being offered by executive order is an illegal act of blanket citizenship. The US Constitution does not support the POTUS having the power of treaty nor the ability to make law – which is what is being attempted.
Citizenship is earned through a legal system set up for immigrants or through birth from US citizens. In this country, until there is no one supporting the Constitution – there are only two ways to become a citizen. It has worked fairly well for around two centuries. Lately, there have been too many people feeling the USA is too stringent and owes the world. Well, it is the rest of the world’s fault that people would rather come to the USA (legally or not) than stay in the country where they were born. Do better in your countries and maybe US Americans will want to immigrate there.
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United States Constituion
14th Amendment, Section One
All persons born or naturalized in the United States and subject to the jurisdiction thereof, 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.
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