BoatShoes;452564 wrote:How so? Not a strict constructionist when you don't like what follows from the plain language?
Secondly, the concept of "anchor babies" is blown way out of proportion. It is assumed that a natural born U.S. Citizen child confers immigration benefits on the parents. This is generally not the case. These children can't sponsor their parents until they turn 21 and a natural born citizen child is generally of no help in deportation cases, another widely held but false assumption. The child has to have an extreme and profound hardship in order for illegal immigrant parents to stay in the U.S. and 88,000 have been deported in the last 10 years for minor criminal offenses like simple assaults...leaving their children behind. The Supreme Court and the INS have ruled that a deportation can't be stayed simply because the illegal has a natural born U.S. Citizen as a child.
The Supreme Court has also ruled that invading armies are not "subject to the jurisdiction thereof" so babies had by invading armies don't fall within the requirements of the citizenship clause of the 14th Amendment.
Perhaps you think Jus Soli to be wrong...but it seems to me that the citizenship clause is pretty clear on its face so I'd like to hear why you think it's a bastardization...
One point of contention, when I read the citizenship clause of the 14th...
"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. "
The parents of "anchor babies" are NOT subject to the jurisdiction of the US, so the baby should not be a citizen. If the parents were here legally (green card, etc) then they would be under the jurisdiction of the US and their baby would be a citizen. However, because they are here illegally, they are still under the jurisdiction of Mexico, not the US.