The Birthright Citizenship Amendment is one that has caused controversy. Should a person that is born in the US, regardless of whether the parents were here temporarily, or illegally be considered an American citizen? The 14th Amendment states “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside”, ( Spalding, 2010). The interpretation of this amendment has caused the controversy.
Over a century ago, the 14th Amendment of the United States Constitution was implemented to grant citizenship to individuals born within the country. This was the first time that it was defined what it means to be a citizen in the U.S. While the amendment was created to address the citizenship of slaves, it is currently under speculation in regards to granting U.S. citizenship to children born to undocumented immigrants (Gans, 2012). While there have been many arguments to place restrictions or eradicate granting children of undocumented immigrants U.S. citizenship, the constitutional right remains the same: if you are born on U.S. land, you are a citizen (Angelo, 2013). This paper argues that the birthright citizenship of U.S. born children of undocumented immigrants should continue to be granted based on the underlying principles of the 14th Amendment and the possible implications of ending birthright citizenship. First, this paper describes birthright citizenship and the 14th Amendment, as well as its use in several Supreme Court cases that are significant to this issue. Then, various implications of eradicating birthright citizenship are discussed. Before discussing the possible consequences of eradicating birthright citizenship, it is imperative to discuss the history and principles underlying it.
To be able to understand the controversy surrounding the natural born citizen clause in the constitution, it is important to know why it was added to the constitution in the first place. The original purpose of this clause was to prevent the British rule from coming to America and taking charge (Hulse). The National Constitution Center staff quoted the natural born citizen clause in the constitution saying that “no person except a natural born citizen or a citizen of the United States at the time of the adoption of this constitution shall be eligible to the office of president” (“Natural Born”). This clause also allows children that are offspring of United States citizens that are born internationally to obtain citizenship (“Natural Born”). At the time when the
Constitutional guidelines. The Constitution lists two specific references to immigration and naturalization that the Government May intervein. The government Can protect us from ourselves, and themselves. First, Article I, Section 8 references that creating the authority of Congress, by establishing a uniform Rule of Naturalization or immigration. Secondly, the 14th Amendment states that, all persons born or naturalized in the U.S. are citizens in the State they reside. In the long run, the intent of the founding fathers was whether born a citizen or naturalized
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 (http://www.house.gov/Constitution/Amend.html ).
“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,
In addition to the 22nd amendment being repealed, there have been several talks about also allowing foreign born to run for president. According to the USA Today, polls aren't showing favor for putting someone born in a foreign country in the top position as the President of the United States (Kasindorf, Martin, 2004) Also, according to the polls taken on USA Today 31% were for such an amendment, and 67% were against it (Kasindorf, Martin). It is said that while mentioning
“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.” (U.S. Constitution 14th amendment). There are only a few ways one can become a U.S.
Many pregnant immigrant women are illegally coming into the country just to have their babies. These women get free medical attention for themselves and the baby. This is costing the U.S. millions of dollars every year.
According to the fourteenth amendment website the fourteenth amendment “is currently misinterpreted to give citizenship to children born in the United States of illegal alien parents. These children, via their birthright citizenship, act as anchor babies and can, upon reaching the age of majority, facilitate bringing their extended family into the US in order to obtain citizenship. Although some experts believe that a Constitutional amendment would be necessary to remedy the misinterpretation, many believe that Congressional action would be sufficient and is urgently warranted.” Not until later was it seen “With illegal aliens who are unlawfully in the United States, their native country has a claim of allegiance on the child. Thus, the completeness of their allegiance to the United States is impaired, which therefore precludes automatic citizenship” (Fourteen Amendment). This was basically a warning for immigrants stating they are responsible for their child and they would not become legal just because they were born in the United States and they would both be claimed by their native land. For example, if a woman from Mexico was to come to the United States illegally, at 8 months pregnant, and have her baby they would not just become legal citizens.
Become a citizen of one of the best nations in the world is a privilege that not many people have. I’m talking about the United States of America. If you are an U.S natural born citizen you have rights and responsibilities that protect you based on the Declaration of Independence and the U.S Constitution. People who are in the position to become U.S. citizens gain the same rights, privileges, and responsibilities of citizenship as natural born American with the only restriction that they can’t be eligible for President of the United States.
The modern conventional wisdom of the phrase “natural born citizen” in the presidential eligibility clause referred to anyone who was a U.S. citizen at birth either by a U.S. statute or via the Constitution. The Constitution has no “definition” section, and subsequently the Supreme Court has stated that when the Constitution is silent the law “must be interpreted in the light of the common law, the principles and history of which were familiarly known to the framers of the Constitution.” My argument is simple, it is reasonable to assume that the framers, most of whom were well-trained lawyers, purposely did not define the term ‘natural born citizen’ believing that the controlling common law principle was Jus Soli, and that Congress would pass corresponding statutes to accommodate any exceptions to this principle similar to the practice that occurred in England with Parliament.
There have been millions of people that are immigrants who try to become a citizen, in the United States. As far as they can become citizens, is as far of American history knowledge they have. The Naturalization Civics Test makes a person become a citizen a bit more easy. The Naturalization Civics Test is important, because even if you get 6 answers correct on the test, you still have a fifty percent chance to pass. The question was intended to be harder and more difficult to answer but became easier, if you study your history it’s an easy pass.
Many benefits go along with the requirements given to the candidates and voters. In fact, before a candidate can become president, he or she says a presidential oath. The Presidential Oath goes: “I do solemnly swear [or affirm] that I will faithfully execute the office of President of the United States ,and will to the best of my ability to preserve, protect, and defend the Constitution of the United States” (“American Presidency”). Many requirements exist for the eligibility of President of the United States. Three main requirements exist to become eligible for the position. The first requirement to gain eligibility for President of the United States includes the need of a Native-Born United States Citizen. Congress often questions this