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05-25-2015, 03:27 PM #5
Some people believe that birthright citizenship is enshrined in our Constitution. That is not true. The text of the 14th Amendment reads, “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.” The crucial phrase is bolded.
If the writers of the 14th Amendment intended to legitimize citizenship for babies born to travelers, there would have been no need to include, "and subject to the jurisdiction thereof." As statements by the writers of the Reconstruction Amendments (the 13th, 14th, and 15th) make clear, people who do not owe allegiance to the United States are not included in the provisions of the 14th Amendment. So people who have not sworn an oath of allegiance to our country cannot be considered citizens. Period.
We can of course apply or laws to foreigners who are in our country. If foreigners are convicted of a crime, we can imprison and then deport them. But imprisoning them does not transform them into citizens. It merely makes them criminal aliens whom we will deport.
There's no need to demonize women. Just fix the policy by 1) reading the 14th Amendment and 2) clarifying the intent of the people who actually wrote the Reconstruction Amendments.
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