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    Senior Member Brian503a's Avatar
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    Tancredo Asks Supreme Court Nominee Birthright Citizenship

    http://www.phxnews.com/fullstory.php?article=28215

    Tancredo Asks Where Supreme Court Nominee Alito Stands on Birthright Citizenship
    Posted by PHX - U.S. Rep. Tom Tancredo on Monday November 14, 2005 at 11:18 am MST [ Send Story to Friend ]

    Congressman Urges Chairman Specter to Question Nominee about Fourteenth Amendment

    WASHINGTON, D.C. – Congressman Tom Tancredo (R-CO) urged Senate Judiciary Chairman Arlen Specter to ask the President’s Supreme Court nominee about the supposed guarantee of birthright citizenship in the Fourteenth Amendment.

    The Fourteenth Amendment’s language relevant to birthright citizenship is: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the Unites States…� Current U.S. policy grants citizenship to all persons born on American soil.

    However, recent proposals in the House of Representatives aim at reversing the birthright citizenship policy, based on an alternative reading of “subject to the jurisdiction thereof.� Under that interpretation, children of illegal aliens born in the U.S. may not be granted automatic citizenship because their parents are in the country illegally, and are therefore not subject to the jurisdiction of the United States.


    Tancredo’s full letter to Specter is printed below:


    Dear Chairman Specter,


    As you prepare to convene hearings on the nomination of Judge Samuel Alito, I would encourage you to ascertain his judicial philosophy with regard to the issue of so-called “birthright citizenship.� As you know, the United States currently grants citizenship automatically to every person born here – including legal permanent residents, temporary visitors, non-immigrants and illegal aliens. A consensus is building, however, to end this destructive practice.


    While this issue may not be as high profile as abortion, affirmative action, or gay rights, how Congress and the courts deal with the issue of birthright citizenship will impact everything from the cost and quality of our education and health care systems to – as we saw in the Hamdi case – fighting terrorism. Your committee’s rigorous examination of Judge Alito’s judicial philosophy with regard to birthright citizenship is critically important.


    Most people believe that the Constitution mandates automatic citizenship for persons born on U.S. soil. Some legal scholars, however, dispute this notion. The operative part of the Fourteenth Amendment where this dispute is rooted reads, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the Unites States…�


    The Fourteenth Amendment’s first requirement for citizenship, being born or naturalized in the U.S., is straightforward. To determine what “subject to the jurisdiction thereof� means, however is more complicated. When one looks to two prominent architects of the Fourteenth Amendment for guidance, Illinois Senator Lyman Trumbell and Michigan Senator Jacob Howard, it becomes clear that it was not the intent of the authors to create a universal entitlement to birthright citizenship. Trumbell argued that the U.S.’s jurisdiction was meant to cover only persons who did “not ow[e] allegiance to anybody else.� Howard was even clearer, noting that the Amendment “will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers…�


    As you know, Congress will likely move on comprehensive immigration legislation later this year. A number of Members of Congress have expressed a desire to clarify that automatic birthright citizenship will not be conferred on children of illegal aliens as part of that process. As such, it will provide a timely opportunity to raise this issue with Judge Alito during confirmation hearings.


    Thank you in advance for your consideration.

    Sincerely,

    Tom Tancredo

    Member of Congress
    Support our FIGHT AGAINST illegal immigration & Amnesty by joining our E-mail Alerts at http://eepurl.com/cktGTn

  2. #2
    Senior Member dman1200's Avatar
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    Great job Mr Tancredo. Yes we need to find out if this guy is the real deal or not and what better question to ask to see if this guy is really qualified or if he's just another Bush puppet. I think he needs to answer this question. No ducking or dodging either. America has a right to know where their Supreme Court Nominees stand since we pay their salary.

    Personally I think all court nominees should be voted on by the people, not appointed by a bureaucrat like Bush and made to serve two 4 year terms only. Congress should be subject to term limits also.

    Furthermore I think the people should vote on whether politicans and judges get pay raises or not.
    Please support our fight against illegal immigration by joining ALIPAC's email alerts here https://eepurl.com/cktGTn

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