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MISAPPLICATION OF THE 14TH AMENDMENT HAS RESULTED IN MANY FOREIGNERS BECOMING U.S. CITIZENS
by Creg Maroney, ©2012
(Sep. 15, 2012) —[Editor’s Note: The Post & Email is presenting the following article as a reprint given the current intense debate surrounding the issue of “birthright citizenship” and the intention of the framers of the 14th Amendment.]
To be a 14TH Amendment “citizen,” one must not only have been born on U.S. soil but also have been “SUBJECT TO THE JURISDICTION THEREOF” at the time of birth as written in the 14th Amendment of The United States Constitution.
The 14TH Amendment to the U.S. Constitution, Section 1:
“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.
“Subject to the Jurisdiction thereof ” means not owing allegiance to anybody else. This fact is within the Congressional Record and cannot be disputed.
In the United States Senate in 1866, Sen. Lyman Trumbull of Illinois said, “The provision is, that ‘all persons born in the United States, and subject to the jurisdiction thereof, are citizens.’ That means ‘subject to the complete jurisdiction thereof.’ What do we mean by ‘complete jurisdiction thereof?’ Not owing allegiance to anybody else. That is what it means.”
Sen. Jacob M. Howard of Michigan also said in 1866:
“This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to 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.”
Under Sec. 1992 of U.S. Revised Statutes, it is stated: “All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States.”
Thomas Jefferson said, “Aliens are the subjects of a foreign power.”
Most people have not even heard of HR 140. The U.S. Congress has stooped so low since the Founding Fathers of this great striving nation that they had to write a Bill to uphold the 14th Amendment of the United States Constitution. This law already exists!
The meaning of “Subject to the Jurisdiction Thereof” is outlined in this Fox News Report here: “States Fight To End Birthright Citizenship.”
The U.S. Supreme Court has never granted U.S. citizenship to illegal alien children born on U.S. soil. Domiciled foreigners on U.S. soil are NOT THE SAME as illegal aliens.
As for “natural born Citizen,” the father of the 14TH Amendment, Rep. John Bingham of Ohio, confirmed in the House on March 9, 1866 that:
“I find no fault with the introductory clause, which is simply declaratory of what is written in the Constitution, that every human being BORN WITHIN THE JURISDICTION OF THE UNITED STATES OF PARENTS (PLURAL) NOT OWING ALLEGIANCE TO ANY FOREIGN SOVEREIGNTY IS, IN THE LANGUAGE OF YOUR CONSTITUTION ITSELF, A NATURAL BORN CITIZEN.”
In the U.S. SUPREME COURT, the case of Minor v. Happersett, 88 U.S. 162 (1875), is the only Supreme Court precedent unilaterally defining who a “natural born Citizen” is even though the case was about women’s voting rights and it has never been challenged or overruled.
In the Minor case, the court had to determine if Virginia Minor was a U.S. citizen and in doing so, they stated because she was a “natural born U.S. citizen” born of two (2) citizen parents (plural), there was no need to determine if she was a simple “citizen” because there have been doubts about that definition and they did not have to go there.
Minor v. Happersett, 88 U.S. 162 (1875):
“…IT WAS NEVER DOUBTED THAT ALL CHILDREN BORN IN A COUNTRY OF PARENTS WHO WERE ITS CITIZENS BECAME THEMSELVES, UPON THEIR BIRTH, CITIZENS ALSO. THESE WERE NATIVES OR NATURAL BORN CITIZENS, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case, it is not necessary to solve these doubts….”
The U.S. Supreme Court stated pertaining to this case that it is “not necessary” to solve the doubts of who a “citizen ” is because it was “never doubted” that Minor was a “natural born Citizen” born of two (2) U.S. citizen parents (plural) within the United States.