Immigration and Allegiance

There is a lot of talk in the news about Immigration and many of you have forgotten the founding principals of the 14th section one, so here it is.

The Republican Civil Rights Act asserted “all persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States”

Owing no allegiance to any alien power can be found.

In remarks, In 1866, Senator Jacob Howard clearly spelled out the intent of the 14th Amendment by stating:

“The phrase "subject to the jurisdiction thereof" was intended to exclude American-born persons from automatic citizenship whose allegiance to the United States was not complete.”

Owing no allegiance to any alien power can be found.

Senator Howard remarked, the requirement of "jurisdiction," understood in the sense of "allegiance," "will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States."

Owing no allegiance to any alien power can be found.

US Attorney General (1873);

“The word “jurisdiction” must be understood to mean absolute and complete jurisdiction… Aliens, among whom are persons born here and naturalized abroad, dwelling or being in this country, are subject to the jurisdiction of the United States only to a limited extent. Political and military rights and duties do not pertain to them.” (14 Op. Atty-Gen. 300.)

Clarification; “The word “jurisdiction” must be understood to mean absolute and complete jurisdiction”

From ELK v. WILKINS, 112 U.S. 94 (1884) http://laws.findlaw.com/us/112/94.html

“The distinction between citizenship by birth and citizenship by naturalization is clearly marked in the provisions of the constitution, by which '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;' and 'the congress shall have power to establish an uniform rule of naturalization.' Const. art. 2, 1; art. 1, 8. By the thirteenth amendment of the constitution slavery was prohibited. The main object of the opening sentence of the fourteenth amendment was to settle the question, upon which there had been a difference of opinion throughout the country and in this court, as to the citizenship of free negroes, (Scott v. Sandford, 19 How. 393;) and to put it beyond doubt that all persons, white or black, and whether formerly slaves or not, born or naturalized in the United States, and owing no allegiance to any alien power, should be citizens of the United States and of the state in which they reside. Slaughter-House Cases, 16 Wall. 36, 73; Strauder v. West Virginia, 100 U.S. 303 , 306.”

Owing no allegiance to any alien power can be found.

The common thread in all this, the founding principals of the 14th Amendment section one is allegiance, allegiance to the USA where we speak and act like Americans. If the parent is not a US citizen and a citizen of a foreign power, the child is subject to a foreign power.

Tags: Founding Fathers, Immigration, Law, The Constitution

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Permalink Reply by Richard Orlick on August 8, 2010 at 10:13pm

The first attempt was the Republican Civil Rights Act asserted “all persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States”. The Civil Rights Act, which Johnson had vetoed on the grounds that it was an unconstitutional invasion of states’ rights, a Constitutional amendment was needed. The purpose of this was to overturn Dred Scott v. Sanford http://laws.findlaw.com/us/60/393.html and the question of sovereignty remains a dilemma of choices.

James Kent on American law 1832 “The allegiance of our citizens is due, not only to the local government under which they reside, but primarily to the government of the United States;” because case law set precedence on citizenship.

The 14th Amendment was passed during Reconstruction and some contention over Reconstruction deals forced the south to adopt the 14th, thus providing evidence that it was not fully and properly debated. On this I would agree, it was poorly written therein the context the framers of the 14th is most important.

Senator Howard's contention was that "every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States." Combining natural and national law appears to be in tune with the founders, what is your opinion.

Several states like North Carolina and New Jersey had allegiance clauses on immigration at the time. The “subject to the jurisdiction thereof” in the 14th of "jurisdiction," understood in the sense of "allegiance," "will not, of course, include persons born in the United States who are foreigners, aliens…” was in a sense what some states already had.

I agree that understanding the 14th Amendment is not easy but it is perhaps possible, that is with much more reading then what I have done. Overall it makes for a good debate.