Quote:
Originally Posted by Bowman
Quote:
Originally Posted by NoBueno
Even though they cannot get a birth certificate or benefits, are those anchor babies born in CA still US citizens? The answer is yes, because the 14th Amendment an its erroneous interpretation still conveys citizenship to them.
Not exactly, the 14th Amendment does not allow states to decide who is a citizen and who is not, so this initiative after passage will be headed to the Supreme Court, who will have to decide if anchor babies are US citizens or not. We might get lucky and they say no. If they say yes the initiative will be ruled invalid and we start over trying to get a similar measure passed in Congress. A Federal law of this type will stand up in court.
Bowman, I do not believe I said, nor implied that the 14th Amendment allows states to decide who is a citizen and who is not. The 14th Amendment conveys US citizenship to those born on US soil. This state initiative cannot supersede that , so the erroneous interpretation of the 14th Amendmenst still remains.
As I also stated, if enough states pass such legislation, the Supreme Court might be inclined to hear this issue. However, there are a few stops along the way before it ever reaches the Supreme Court, and even then, the Supreme Court may choose to view this issue narrowly and not even touch the 14th Amendment issue. The Court could simply rule on whether or not states can pass legislation denying birth certificates to those born in this country. It all depends on how the issue is framed and what those challenging this legislation ask the court to review.
Anything could happen along the way. But it's a great first step to hopefully resolving this issue once and for all. I'm just happy that illegal invaders are facing the possibility of being cut off in this state! Anything else that comes of this is simply an added bonus!