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QUOTE (Balta1701 @ Aug 4, 2010 -> 09:14 PM)
All persons born or naturalized in the united states are citizens.

 

Really...there are some vague things in the constitution...That's not one of them.

 

What else does it say? Those words are there for a reason.

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All persons born or naturalized in the United States, and subject to the jurisdiction thereof,

 

That's there for a reason. And was written there for a reason. I know, only pay attention to the constitution that matters to you. I understand.

 

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QUOTE (kapkomet @ Aug 5, 2010 -> 09:26 PM)
That's there for a reason. And was written there for a reason. I know, only pay attention to the constitution that matters to you. I understand.

When I read the second part I see "in the United States and subject to American laws"

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QUOTE (lostfan @ Aug 5, 2010 -> 08:28 PM)
When I read the second part I see "in the United States and subject to American laws"

 

 

The clause is important because to me it technically limits the naturalization (aka, hop plane, spit the baby out, fly back to said country and now you have an American) process. You do not have jurisdiction or the rights of an American citizen just because you spit out a baby in the US. That's my problem with it, and my interpretation of that clause.

 

The whole point of putting it there was because they wanted to ensure that slaves were covered - as they were NATURAL citizens, not because momma came and spit you out just to go back home somewhere else.

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QUOTE (lostfan @ Aug 5, 2010 -> 08:22 PM)
If it was up to me the amendment would say something about one of the parents needing to be a US citizen and/or a lawful permanent resident for the child to be a US citizen.

 

that's probably the best way to handle the situation.

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lol

 

more Obama job creating government spending. nice to know tens of millions in tax payer money is going towards this.

 

http://www.informationweek.com/news/softwa...cleID=226500202

 

Despite President Obama's pledge to retain more hi-tech jobs in the U.S., a federal agency run by a hand-picked Obama appointee has launched a $36 million program to train workers, including 3,000 specialists in IT and related functions, in South Asia.

 

Following their training, the tech workers will be placed with outsourcing vendors in the region that provide offshore IT and business services to American companies looking to take advantage of the Asian subcontinent's low labor costs.

Edited by mr_genius
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QUOTE (kapkomet @ Aug 5, 2010 -> 08:37 PM)
The clause is important because to me it technically limits the naturalization (aka, hop plane, spit the baby out, fly back to said country and now you have an American) process. You do not have jurisdiction or the rights of an American citizen just because you spit out a baby in the US. That's my problem with it, and my interpretation of that clause.

 

The whole point of putting it there was because they wanted to ensure that slaves were covered - as they were NATURAL citizens, not because momma came and spit you out just to go back home somewhere else.

 

Here's how it works:

 

Some senators agreed with your interpretation at the time. Others did not. The SCOTUS's interpretation is the one that matters, and this was settled in 1898. So, the clause does not limit naturalization like you would want it to. Your child does have citizenship just because you "spit out a baby in the US". Your interpretation of that clause is simply wrong based on long-standing precedent.

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QUOTE (StrangeSox @ Aug 6, 2010 -> 07:36 AM)
Here's how it works:

 

Some senators agreed with your interpretation at the time. Others did not. The SCOTUS's interpretation is the one that matters, and this was settled in 1898. So, the clause does not limit naturalization like you would want it to. Your child does have citizenship just because you "spit out a baby in the US". Your interpretation of that clause is simply wrong based on long-standing precedent.

 

 

What case?

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QUOTE (kapkomet @ Aug 6, 2010 -> 07:13 PM)
What case?

 

http://en.wikipedia.org/wiki/United_States_v._Wong_Kim_Ark

 

It's wikipedia but it has a pretty good explanation of what the court found the meaning of that jurisdiction clause to mean. You can read the decisions themselves as well.

 

If you want to get that literal about a phrase in an amendment, how do you reconcile the militia clause of the 2nd amendment? Or is this just more picksy-choosey States Right advocacy?

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I'm pretty consistent when it comes to "states rights advocacy", you have to admit that. I think it's a central tenet of the law system we have, whether you all do or not when you want to choose what's best for you.

 

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QUOTE (Athomeboy_2000 @ Aug 10, 2010 -> 02:08 PM)
On a side note: If he WAS still alive, wouldnt you think the family would have said something by now?

Not if they didn't know. Conditions haven't allowed rescue equipment into the area other than a couple of first responders, probably local people.

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