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Thread: Pretty Convincing Argument Against Constitutionality Of Birthright Citizenship

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    Senior Member vistalad's Avatar
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    Quote Originally Posted by JohnDoe2 View Post
    Richard Cohen, the president of the Southern Poverty Law Center, however, argued birthright citizenship is protected and that later laws and court cases confirm it.

    “Just thirty years later, the Supreme Court interpreted the Citizenship Clause in a case involving the son of Chinese immigrants,” he continued. “Wong Kim Ark was born in San Francisco and had spent his entire life in the United States.”
    Actually that case turned on the court's holding that Wong Kim Ark's parents, who I think had been brought in to build railroads, were in fact legal residents of the United States. Based on the Wong Kim Ark case, it would be absurd to say that the Supreme Court enshrined birthright citizenship.

    Actually, when asked, the principal author of the 15th Amendment, George Washington Julian, said that the 14th Amendment did not apply to foreigners, children of diplomats, or people who were in the country temporarily. (The Reconstruction Amendments - 13th, 14th, and 15th - were considered to be part of a unified effort. They were never intended to grant universal birthright citizenship.)
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    Last edited by vistalad; 05-01-2015 at 03:52 PM.

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