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HatterasJack

AZ's got a tough new immigration law - let's make it TWO !

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[i don't think this is running in another thread currently]

 

"PHOENIX - Emboldened by passage of the nation's toughest law against illegal immigration, the Arizona politician who sponsored the measure now wants to deny U.S. citizenship to children born in this country to undocumented parents.

 

Legal scholars laugh out loud at Republican state Sen. Russell Pearce's proposal and warn that it would be blatantly unconstitutional, since the 14th Amendment guarantees citizenship to anyone born in the U.S.

 

But Pearce brushes aside such concerns. And given the charged political atmosphere in Arizona, and public anger over what many regard as a failure by the federal government to secure the border, some politicians think the idea has a chance of passage."

 

AZ's gonna lead the charge cause Washington's filled with cowards and incompetents !

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"I think the time is right," said state Rep. John Kavanagh, a Republican from suburban Phoenix who is chairman of the powerful House Appropriations Committee. "Federal inaction is unacceptable, so the states have to start the process.""

 

BANG!

 

Give em both barrels!

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"The 14th Amendment, adopted in 1868 in the aftermath of the Civil War, reads: "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." But Pearce argues that the amendment was meant to protect black people.

 

"It's been hijacked and abused," he said. "There is no provision in the 14th Amendment for the declaration of citizenship to children born here to illegal aliens.""

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View Post"The 14th Amendment, adopted in 1868 in the aftermath of the Civil War, reads: "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." But Pearce argues that the amendment was meant to protect black people.

 

"It's been hijacked and abused," he said. "There is no provision in the 14th Amendment for the declaration of citizenship to children born here to illegal aliens.""

 

 

correct,

it doesn't mention illegal aliens,

it DOES state if you are born here you are a citizen.

it's hard to argue it doesn't say that.

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if you go by the plain meaning rule, all people born here are citizens. you may not get past that one. if a justice digs deeper to intent, yeah, it might have only meant the slaves.

 

I'm with FnM in this one, if its changed by amendment; I'm on board.

 

Even if its definitively settled by court action that it only applies to children of legal immigrants, i'm ok with that. but i don't know how you get there without a Congressional act that is upheld in court.

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View Postif you go by the plain meaning rule, all people born here are citizens. you may not get past that one. if a justice digs deeper to intent, yeah, it might have only meant the slaves.

 

I'm with FnM in this one, if its changed by amendment; I'm on board.

 

Even if its definitively settled by court action that it only applies to children of legal immigrants, i'm ok with that. but i don't know how you get there without a Congressional act that is upheld in court.

 

 

 

Bullseye!

 

There are your two reasons why it will never happen.

 

Congress will never act so the courts don't have to.

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