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B-CR-TEO
National Review: ‘Constitutional
Originalism’ Means Giving U.S.
Citizenship to Anchor Babies

Breitbart Big Government, by John Binder

Original Article

Posted By:earlybird, 9/14/2018 10:33:38 AM

The conservative beltway publication National Review published a piece in which their legal columnist argues that “constitutional originalism requires” that United States citizenship be given to the children of illegal aliens. Dan McLaughlin of National Review — which infamously launched a campaign against President Trump during the 2016 presidential election — published the piece, titled “Constitutional Originalism Requires Birthright Citizenship,” which claims that the U.S. Constitution does provide birthright citizenship for the children of illegal aliens.

      


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Reply 1 - Posted by: MDConservative, 9/14/2018 10:39:00 AM     (No. 11758032)

Anyone can argue anything...doesn´t make them right.

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Reply 2 - Posted by: chabis, 9/14/2018 10:42:48 AM     (No. 11758037)

NR has for some time lived in its own little bubble of ideals. Reality has little do with anything. They talk and write for one-another based on picking from their own smorgasbord of to-them tasty idea treats.

In that sense they are little different from the left. So it should be no surprise that they no often come to similar conclusion.

That explains their loathing for the person working Americans elected as our executive leader -- our president.

He has lived in the real world all his life. And he is genuinely supportive of others that have done the same.

His programs appear to always have been designed after this question has been asked and answered: What will this do for the people. The average, productive, working citizen

MAGA -- for us.

We that is. Not those of the protected bubble.

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.New_S.
  


 
Reply 3 - Posted by: JediJerry, 9/14/2018 10:44:49 AM     (No. 11758040)

Bulltwinkie.

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Reply 4 - Posted by: curious1, 9/14/2018 10:48:25 AM     (No. 11758048)

Obviously John is a poor victim of public school education who was given a false history of our founding and not taught to think.

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Reply 5 - Posted by: seamusm, 9/14/2018 11:11:00 AM     (No. 11758099)

Okay but it does not require that illegal mom/dad necessarily gets to stay. There are consequences for illegal behavior - sometimes you have to go back home.

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Reply 6 - Posted by: earlybird, 9/14/2018 11:21:57 AM     (No. 11758114)

Re #4, what am I missing? “John”? The article is about Dan McLaughlin’s opinion.

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Reply 7 - Posted by: Taxed2Death, 9/14/2018 11:27:57 AM     (No. 11758125)

The language of the 14th Amendment is very clear-people born in these United States are natural born citizens. Consider the alternative: upon the birth of a child, do you want to be forced to bring your papers to some government office to "prove" you and your spouse are citizens in order for your newborn child to be granted US Citizenship?

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R-TA-Wide_2
  


 
Reply 8 - Posted by: tnorling, 9/14/2018 11:49:26 AM     (No. 11758153)

That’s his reading. Others disagree. Even assuming his dubious argument is valid, I’d be willing to tweak it in this one case. Average IQs of our invading brethren: Mexico: 85. Honduras: 81. El Salvador: 81. Guatemala: 79.

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Reply 9 - Posted by: Iraengneer, 9/14/2018 11:59:40 AM     (No. 11758175)

First, the 14th was intended to provide citizenship rights be conferred upon freed slaves. Period. Inasmuch as the War Between The States ended more than 150 years ago!, it no longer serves any worthwhile purpose and should have been REPEALED more than 50 years ago. Certainly should be done today. Literally, today.
Second, the historic understanding of that amendment is in line with previous statement. The "anchor baby" thing is a relatively recent and deliberate mis-interpretation of the Amendment, a bit of transmogrification attributable to the erroneous belief that the Constitution means whatever SCOTUS says it means. There is no, repeat NO, support for that in the Constitution, and it is unwise and wrong.
Finally, note the 14th´s inclusion of the phrase "subject to the jurisdiction thereof". It thus specifically distinguishes for non-inclusion those persons of foreign citizenship (and their immediate offspring). A Mexican or Spaniard who gives birth in Cleveland gives birth to another Mexican or Spanish citizen. Not an American.

As a "coda", the NR clan continues to suffer from the blathering of the late and once-lamented William F. Buckley, who decreed ".. there shall be OPEN BORDERS!.." , and woe betide any person with a different view. That disease continues to affect that entire claque, and causes many of us to regard the members of that assembly as TWANLOC. This is as good an example as one might wish. "May history forget they were ever our countrymen".

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Reply 10 - Posted by: HistoryBuff, 9/14/2018 12:16:56 PM     (No. 11758199)

# 7:

". . . and owing allegiance to. . . "

If mama´s passport says China, she owes allegiance to China, not the US. It is why you renounce citizenship when and allegiance to king and crown when you become a US citizen.

No cherry picking!

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Reply 11 - Posted by: Felixcat, 9/14/2018 12:22:21 PM     (No. 11758213)

I don´t recall there being an immigration debate back in the 1860s. I do recall there was this matter about what to do with all the freed slaves (thank you Republicans and the Union Army) and so this amendment was passed. It had nothing to do with a foreigner coming to the US and then giving birth.

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Reply 12 - Posted by: Quigley, 9/14/2018 12:49:47 PM     (No. 11758252)

I agree with those who state the historic purpose of the 14th. Pretty clear.

But beyond that, there seems to be another principle at work, and that is the violation of the law to be here. I’m not sure what the proper analogy is. This is not a good one, but breaking into a store that is giving away free widgets and insisting you get to keep the widgets after you are caught. In other words, legal entry is a limiting factor on the anchor baby principle.

But I don’t believe that was ever the intent. Was there another country in the world at the time the 14th was passed that allowed a person illegally present within its borders to give birth to an automatic citizen? I’m guessing not and I’m thinking that the US wasn’t forging new law on that topic at that time. It’s an outlier reading not within rational interpretation.

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.LockDme.


 
Reply 13 - Posted by: Attila DiMedici, 9/14/2018 1:16:50 PM     (No. 11758291)

If you look at the debates concerning the 14th Amendment while it was being considered you will see that one of the concerns was that it would apply to the chinese who were here and other "undesirables". In my opinion, the expressions made concerning granting citizenship to children born to Chinese parents in the U.S. says that those supporting the Amendment understood that they were creating the possibility of "anchor babies".
That having been said, there is a case to be made for repealing the 14th Amendment (at least the portion related to "anchor babies"). I am not sure such an amendment is a good idea, but it is worth considering.

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Reply 14 - Posted by: Rumblehog, 9/14/2018 2:06:08 PM     (No. 11758352)

Uh, no. Check that pesky little blurb in the Constitution regarding children of diplomats. They can´t be afforded citizenship based on their being LEGALLY born here, so why in the world would an ILLEGAL giving birth here be able to bestow sacred U.S. citizenship to its spawn? Ludicrous

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Reply 15 - Posted by: terry_tr6, 9/14/2018 2:10:55 PM     (No. 11758359)

Didn´t realize that National Lampoon was back in business

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Reply 16 - Posted by: Postaway, 9/14/2018 3:01:04 PM     (No. 11758415)

I don’t believe our founders and the writers of the 14th amendment intended the Constitution to give foreign governments and their peasants the ability to decide our demographics. A Honduran drug runner shouldn’t have more say over who lives here and the racial makeup of the country than a citizen.

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Reply 17 - Posted by: saguni, 9/14/2018 8:01:29 PM     (No. 11758699)

If you check out the debates before the 14th Amendment was passed, it specifically did NOT grant citizenship to any member of a Native American tribe. The were members of their tribe, which had treaties with the US government.

Native Americans were not granted citizenship until after the First World War!

If the 14th didn´t grant citizenship to Native Americans, who were on this land centuries before us, why would it grant anything to people who invade our country?

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.R-LJ.
  


 

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