This one was from nearly 7 years ago, over "birthright citizenship" no less! Something we're all anxious to hear the SUPCO weigh in on in the not-too-distant future right?
Here is a pretty good explanation of the 14th Amendment as it applies to birthright citizenship.
From Nationally syndicated Mark Levin Radio Show 10.20.15
full transcript and audio
https://www.cnsnews.com/blog/michae...ldren-born-illegals-have-constitutional-right
(excepted in parts below)
Nobody did a better job at explaining this than Professor Edward Erler, who I’ve talked about over the years. And he’s a professor at California State University. He is also at The Claremont Institute, a senior fellow there. But more than that, he happens to be right. And he testified before a subcommittee of Congress many years ago, almost 20 years ago. And he set forth the case.
“Now, he’s not the only one: Professor Thomas West has; Lino Graglia has, professor at University of Texas School of Law School. But even more than them, the framers of the Constitution set forth the basic law. And then we have, after the Civil War, three amendments to the Constitution – the Thirteenth, Fourteenth and Fifteenth – called the Civil War Amendments. And we know pretty much what occurred.
“Professor Erler was testifying. He said, ‘It’s my considered opinion, Congress has the authority, under Section Five of the Fourth Amendment, to define the jurisdiction of the United States [of the Fourteenth Amendment, of course]. Indeed, it is my contention that Congress has exercised that power on many occasions, most recently in the Immigration Reform and Control Act of 1986, and I would say they also exercised it with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.”
“Senator Jacob Howard, the author of the citizenship clause of the Fourteenth Amendment – he spoke – he told us what he meant. He defined who would fall within the ‘jurisdiction of the United States.’ Ready?
“‘Every person born within the limits of the United States, and subject to their jurisdiction, [meaning the states – their jurisdiction] is, by virtue of natural law and national law, a citizen of the United States. This 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 accredited to the government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great issue in the jurisprudence and legislation of this country.’
“So, the author of the citizenship clause intended to count foreigners, aliens and those born to ambassadors, foreign ministers, as outside the jurisdiction of the United States. That’s Senator Jacob Howard. He knew, as his reference to natural law indicates that the republican basis for citizenship is consent – consent of the country.
“You can’t self-immigrate. You can’t claim jurisdiction because you happen to walk into the United States.
“Senator Lyman Trumbull, Chairman of the Judiciary Committee and a powerful supporter of the Fourteenth Amendment, remarked on May 30, 1866, that the jurisdiction clause includes those ‘not owing allegiance to anybody else … It’s only those persons who come completely within our jurisdiction, who are subject to our laws, that we think of making citizens; and there can be no objection to the proposition that such persons should be citizens.’
“The Civil Rights Act of 1866 defined citizens of the United States as ‘all persons born in the United States and not subject to any foreign power, excluding Indians not taxed.’ ‘Not subject to any foreign power.’
“It is universally agreed that the immediate impulse of the passage of the Fourteenth Amendment was to constitutionalize (constitutionalize) the Civil Rights Act of 1866. It was an attempt to put the question of citizenship and matter of federal civil rights beyond the reach of simple congressional majorities. Thus, it was clear, the idea of allegiance, ‘not subject to any foreign power,’ was central to understanding the jurisdiction clause of the Fourteenth Amendment.”
Here is a pretty good explanation of the 14th Amendment as it applies to birthright citizenship.
From Nationally syndicated Mark Levin Radio Show 10.20.15
full transcript and audio
https://www.cnsnews.com/blog/michae...ldren-born-illegals-have-constitutional-right
(excepted in parts below)
Nobody did a better job at explaining this than Professor Edward Erler, who I’ve talked about over the years. And he’s a professor at California State University. He is also at The Claremont Institute, a senior fellow there. But more than that, he happens to be right. And he testified before a subcommittee of Congress many years ago, almost 20 years ago. And he set forth the case.
“Now, he’s not the only one: Professor Thomas West has; Lino Graglia has, professor at University of Texas School of Law School. But even more than them, the framers of the Constitution set forth the basic law. And then we have, after the Civil War, three amendments to the Constitution – the Thirteenth, Fourteenth and Fifteenth – called the Civil War Amendments. And we know pretty much what occurred.
“Professor Erler was testifying. He said, ‘It’s my considered opinion, Congress has the authority, under Section Five of the Fourth Amendment, to define the jurisdiction of the United States [of the Fourteenth Amendment, of course]. Indeed, it is my contention that Congress has exercised that power on many occasions, most recently in the Immigration Reform and Control Act of 1986, and I would say they also exercised it with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.”
“Senator Jacob Howard, the author of the citizenship clause of the Fourteenth Amendment – he spoke – he told us what he meant. He defined who would fall within the ‘jurisdiction of the United States.’ Ready?
“‘Every person born within the limits of the United States, and subject to their jurisdiction, [meaning the states – their jurisdiction] is, by virtue of natural law and national law, a citizen of the United States. This 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 accredited to the government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great issue in the jurisprudence and legislation of this country.’
“So, the author of the citizenship clause intended to count foreigners, aliens and those born to ambassadors, foreign ministers, as outside the jurisdiction of the United States. That’s Senator Jacob Howard. He knew, as his reference to natural law indicates that the republican basis for citizenship is consent – consent of the country.
“You can’t self-immigrate. You can’t claim jurisdiction because you happen to walk into the United States.
“Senator Lyman Trumbull, Chairman of the Judiciary Committee and a powerful supporter of the Fourteenth Amendment, remarked on May 30, 1866, that the jurisdiction clause includes those ‘not owing allegiance to anybody else … It’s only those persons who come completely within our jurisdiction, who are subject to our laws, that we think of making citizens; and there can be no objection to the proposition that such persons should be citizens.’
“The Civil Rights Act of 1866 defined citizens of the United States as ‘all persons born in the United States and not subject to any foreign power, excluding Indians not taxed.’ ‘Not subject to any foreign power.’
“It is universally agreed that the immediate impulse of the passage of the Fourteenth Amendment was to constitutionalize (constitutionalize) the Civil Rights Act of 1866. It was an attempt to put the question of citizenship and matter of federal civil rights beyond the reach of simple congressional majorities. Thus, it was clear, the idea of allegiance, ‘not subject to any foreign power,’ was central to understanding the jurisdiction clause of the Fourteenth Amendment.”