Quote:
Originally Posted by
motla68
Just to name a couple for your benefit:
"" H.R. 1363, the "Citizenship Reform Act of 1995," exemplifies the various legislative proposals before the committees. The stated purpose of the bill is "to deny automatic citizenship at birth to children born in the United States to parents who are not citizens or permanent resident aliens." Section 3(a) of the bill amends section 301(a) of the Immigration and Nationality Act, which grants U.S. citizenship "at birth" to all persons "born in the United States, and subject to the jurisdiction thereof." Specifically, section 3(a) proposes to define the phrase "subject to the jurisdiction thereof" to include only children born to U.S. citizens or permanent resident aliens. ""
AMENDMENT XIV
Passed by Congress June 13, 1866. Ratified July 9, 1868.
Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.
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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Did you happen to notice that the "subject to the jurisdiction thereof" is preestablished by the Constitution and not by Congress?
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“We have in our political system a government of the United States and a government of each of the several States. Each one of these governments is distinct from the others, and each has citizens of it’s own...”
United States v. Cruikshank, 92 U.S. 542 (1875)
“...he was not a citizen of the United States, he was a citizen and voter of the State,...” “One may be a citizen of a State an yet not a citizen of the United States”.
McDonel v. The State, 90 Ind. 320 (1883)
“That there is a citizenship of the United States and citizenship of a state,...”
Tashiro v. Jordan, 201 Cal. 236 (1927)
"A citizen of the United States is a citizen of the federal government ..."
Kitchens v. Steele, 112 F.Supp 383
“The governments of the United States and of each state of the several states are distinct from one another. The rights of a citizen under one may be quite different from those which he has under the other”.
Colgate v. Harvey, 296 U.S. 404; 56 S.Ct. 252 (1935)
“There is a difference between privileges and immunities belonging to the citizens of the United States as such, and those belonging to the citizens of each state as such”.
Ruhstrat v. People, 57 N.E. 41 (1900)
“The rights and privileges, and immunities which the fourteenth constitutional amendment and Rev. St. section 1979 [U.S. Comp. St. 1901, p. 1262], for its enforcement, were designated to protect, are such as belonging to citizens of the United States as such, and not as citizens of a state”.
Wadleigh v. Newhall 136 F. 941 (1905)
“...rights of national citizenship as distinct from the fundamental or natural rights inherent in state citizenship”.
Madden v. Kentucky, 309 U.S. 83: 84 L.Ed. 590 (1940)