Who is an American Citizen?

by Red State Patriot
May 19, 2007

The Citizenship Clause of the Fourteenth Amendment states that U.S. citizens are "all persons born or naturalized in the United States and subject to the jurisdiction thereof." Federal law uses almost identical language. The words, "subject to the jurisdiction thereof", is an essential part of the definition of a United States citizen. History emphatically confirms the necessity for those five words. The distinction is important because if you are not subject to the sole jurisdiction of the United States, by definition you cannot be a United States citizen, because if your allegiance is split your loyalty is never quite certain. Since an illegal alien migrant is not subject to the political jurisdiction of the United States, not even remotely, he or she is not (should not be) eligible for benefits normally accruing only to American citizens.

American Indians have allegiance to their tribes, and despite the obvious location of their birth, native American Indians did not receive U.S. citizenship until it was conferred by congressional acts in 1887, 1901 and 1924.

Why would Congress even contemplate conferring citizenship on millions of illegal aliens? The answer is sadly that individual greed and blind pursuit of power in Congress has suppressed any and all considerations of patriotism, sworn duty, and the rule of law. To call congressional corruption a cancer would be to understate the problem.

Babies born to female diplomats, or the wives of diplomats, who happen to be in the United States at the moment of childbirth are NOT United States citizens because they are not subject to the jurisdiction of the United States.

There is no logical or legislative reason that babies of illegal alien migrants, ostensibly seeking employment or simply United States citizen-funded social benefits, should automatically become American citizens. This loophole could have been rectified by any Representative or Senator in the last 50 years with a two-page piece of legislation – little more than 60 minutes of staff effort.

The purpose of the “citizenship clause” of the Fourteenth Amendment (that you sometimes hear about) was intended to assure that Americans of African heritage were citizens, thus overturning the U.S. Supreme Court's earlier Dred Scott ruling that persons with an African heritage could not be citizens, regardless of their birthplace. Congress, in a rare moment of wisdom and humanity, wisely rejected stare decisis (judicial precedent) in overruling what most people consider the Supreme Court’s highly improper earlier "white-supremacist" decision. Today, an ugly chapter in United States history is shamefully repeating itself. Congress, for the darkest of reasons (unbridled self-interest), is desperately attempting to craft legislation with the help of Mexican activist groups such as La Raza, and orchestrate the passage of an "immigration reform bill" without public knowledge of its content, without congressional knowledge of its content, and without congressional or public debate. Collectively, the constitutional arsonists in Congress are making every effort to send to the President what can only be described as "brown-supremacist" legislation, so named because if and when it is signed into law, United States citizens of all ethnic backgrounds, will now serve their new masters, the Mexican (and OTM) illegal aliens.

The U.S. Constitution, in Article I, Section 8, and again in the Fourteenth Amendment, gives authority over citizenship and naturalization matters to Congress, not to the courts and not to the Executive Branch. Repeat, no jurisdiction over immigration issues is vested in or accrues to the courts! The Executive Branch has as their singular responsibility the enforcement of federal immigration law (which successive administrations have refused to do for more than 30 years). In a shameful conspiracy of self-interest, federal, state, county and city administrations across America have similarly obstructed immigration enforcement measures, just as Governor Janet Napolitano has done so vehemently in Arizona whenever possible.

At least the Arizona state legislature, in stark contrast with Arizona's elected congressmen, has tried repeatedly to do something to stem the political, cultural, criminal and financial carnage from illegal aliens by passing numerous pieces of legislation championed by Representative Russell Pearce (and a few others), only to have every one of them vetoed by Governor Janet Napolitano.

Congress should have ended its silence on immigration issues long ago and passed a law stating that a child born to an illegal alien is NOT a United States citizen, if for no other reason than the child's mother is not "subject to [U.S.] jurisdiction."

In simple terms, a child born to an illegal alien should not be a United States citizen under any circumstances, regardless of the place of birth. Nor should children born in the United States to legal aliens become citizens until at least the child's birth mother or legal custodial parent becomes a United States citizen. And if the mother does not become a United States citizen before the child becomes 18, then the child at the age of majority can expect to stand in line and apply for citizenship just like everyone else. Under no circumstances should the marriage of a United States citizen to an illegal alien confer any change in immigration status or automatic citizenship on an illegal alien. Nor should any judicial precedent regarding immigration and naturalization have any force or effect in law in that any judicial precedent on its face is lacking constitutional authority in immigration matters.

The peculiar notion that foreigners residing illegally (criminally) in the United States should somehow enjoy the same rights as American citizens is found nowhere in the U.S. Constitution or federal law. This anomaly was created, as you might have suspected, by activist judges (United States Supreme Court case "Goldberg v. Kelly) who both encouraged and protected the large-scale entry of illegal aliens into the United States, as do most courts, as well as state and federal politicians today. Now it has become the U.S. Congress that is protecting at any cost large-scale entry of illegal aliens into the United States (anticipating their votes after they are legally transformed into legal immigrants.

What should we do with politicians who have willingly sold their American birthright to illegal aliens for a vote to remain in power? They include Arizona Senators such as John McCain and Jon Kyl, Representatives such as Jeff Flake and Governor Janet Napolitano. If you could get a candid comment from Governor Napolitano on her facilitation of illegal migration, she would probably smile, and with a hint of condescension say to you something like, "I laugh because there is nothing you can do about it."

These politicians deserve nothing less than your outspoken contempt, and certainly not your vote in any future election. In fact, Arizona would be better off if several of them sought political asylum in another state's jurisdiction after leaving political office. If the national security of the United States, and American citizenship itself, has become worthless to these politicians; if you and your family have no intrinsic value that makes you worthy of being defended from crime, identify victimization and lost jobs; if these politicians have more allegiance to Mexico and illegal alien migrants from Mexico than to United States citizens, surely you can envision your own future.

What are the odds that 700 pages of "comprehensive immigration reform" legislation pending in Congress will arrive on the President's desk for signature and contain the specific stipulation that only "citizens" of the United States will be permitted to vote in any United States political jurisdiction. It would require only a sentence or two in 700 pages of text. Only citizenship - and nothing less - should confer the right to vote. If an illegal alien wants to vote in the United States, their decision is clear - become a United States citizen and formally renounce allegiance to any other country.

Given that Congress is hell bent on granting legalized status to illegal aliens, making 20+ million illegal aliens eligible for taxpayer funded services, with millions more illegal aliens on the way, we should at least make some effort to protect our ability to vote out the scoundrels by safeguarding the 'privilege to vote' and reserving it to United States citizens - no exceptions. It is a safe bet that without the potential for the votes of today's illegal aliens, politicians would drop their support of amnesty and most guest worker provisions overnight.

How bad is it? One provision in the immigration bill would make taxpayers foot the bill for the legal costs of illegal aliens seeking citizenship by providing illegal aliens with federally funded lawyers. Other terms of the legislation would force the government to grant a Z-visa to gang members. Buried in the comprehensive immigration reform compromise is a provision that would 'accelerate' the implementation of the Security and Prosperity Partnership (the implementation of the North American Union).

It is the singular intent of the Democratic Party that millions of illegal aliens, once legally in the United States with the signature of President Bush, will suddenly become legal voters. At the same time, they will instantly become eligible for every welfare program in the known universe even though they pay no taxes. Liberal politicians know that these newly minted voters will continue to vote into office only those politicians who support endless welfare programs at the expense of taxpaying American citizens (the top 50% of wage earners). The same politicians also know that millions of new Hispanic voters will overwhelm with shear numbers any voter opposition from United States citizens (and all other ethnic groupings).

There is a simple litmus test that should be applied to any "comprehensive immigration reform" legislation. Does it preserve the right to vote only to American citizens? If Congress collectively refuses to safeguard the right to vote, then the entire amnesty charade is all about their power, their re-election, and their intentional disenfranchisement of American citizens of every ethnic heritage. If Congress refuses to safeguard your right to vote, then 700 pages of immigration reform legislation authored by La Raza activists will be seen by all for what it is - 700 pages of law intended to advance the cause of the "brown brothers," and to anticipate every possibile means to prevent United States citizens from doing anything about it. Seven hundred pages of legislation is not needed to control illegal aliens; it is needed to devise ways to control the rest of us.

We simply must force individual congressmen show their true colors (even though most citizens already know that Senator John McCain's colors are not red, white and blue). The Democratic Party (mother of all income redistribution), and liberal Republicans must be made to prove beyond any shadow of a doubt that the amnesty they advocate for illegal aliens is not all about "voting." The challenge to Congress is this: with specific wording in the proposed 700 pages of immigration reform legislation, remove any and all "voting" privileges permanently from non-citizens, and do so as a central feature of any "comprehensive immigration reform" legislation. Congress must be made to stipulate in the legislation that any and all 'voting rights,' in any United States political jurisdiction, are reserved only for American citizens. If you want to vote, become a citizen by following the same process and procedures as any other lawful immigrant - simple as that. Upon achieving United States citizenship, while we're on the subject, let social security eligibility begin - not before.

Why not take the challenge one step further? Let Democrats and liberal Republicans demonstrate their patriotic intentions. While they say they respect their American constituency and the U.S. Constitution, they are only too ready to intentionally dilute and render virtually worthless the value of the votes of United States citizens - not unlike the inane refrain about how they support the troops. If you happen to be among those unfortunate taxpayers who don't think welfare programs should be so pervasive, particularly for illegal aliens, you're vote to curtail the scope of those programs will mean very little in the face of 20 million new voters who think taking your family income to subsidize their lifestyle, fund their medical care, and pay for the education of their children is a grand idea. What is the probable influence of 20 million newly minted illegal alien voters seeking social services and societal preference? What will happen to the value of your vote? What will happen to the opportunities for a quality education in English and employment of your children? What will happen to your access to Social Security and Medicare that is teetering on the edge of insolvency with the first illegal alien dipping their hands into the pot?

Let Congress unequivocally state in their proposed immigration reform legislation that they require complete compliance by illegal aliens with everything that is normally required of any other legal immigrant in order to achieve United States citizenship - including speaking English - no fast track, no shortcuts and no cutting to the front of the line - and no eligibility for taxpayer-funded social services before citizenship. That will never happen, you say. Assuming you are correct, you have your answer. You and your family, as far into the future as you can see, representing mutiple generations of United States citizens descended from United States citizens and legal immigrants, are suddenly not as important as the votes of the soon-to-be newly-minted illegal alien voters.

What is a United States citizen - first and foremost, a voter. Don’t be fooled by what will soon appear to be duplicity by Democrats and disarray on the guest worker legislation. Many amendments to the legislation will be offered for consideration. Democratic Party Senators and Representatives are simply posturing with their amendments which they know have no chance of passing. There is no intention that many of these amendments are adopted. Democrats are cynically putting forward these amendments disingenuously to give themselves deniability with their home constituency. They will claim, “I tried, but …..” Democrats and liberal Republicans (most of them) are putting a first class stage show just for the American public. This is entertainment theater of the first order. If you learn nothing else from this article, please understand that the amnesty bill has nothing to do with immigration. It's about growing the size of government and redistribution programs which liberals control and farming new voters to keep them in power.

Watch carefully to see who is more important to Democrats - United States citizens or the illegal aliens? When all is said and done, we will find that illegal alien amnesty is all about the future votes of illegal aliens and all about seeking perpetual power. It always has been about "them," without regard for you and your family, generations of American citizens. Perpetual power, once achieved, becomes absolute power - total dominion. Don't say nobody ever warned you.

With "comprehensive immigration reform" irrevocably goes the rule of law - but inversely. We can have one - or the other - but not both. Without the rule of law, all that remains is government "control" and our government has already demonstrated a remarkable penchant for dismantling the Bill of Rights. The President of the United States has already been given the statutory authority by Congress to use United States military forces and the National Guard to repress a civilian insurrection and restore public order. Yes it has. Posse Comitatus is but a footnote in history.

Ayn Rand was remarkably insightful when she observed that the difference between a welfare state and a totalitarian state is only a matter of time. It would seem that the current path toward a totalitarian state has been chosen for us by the Democratic Party. The only question remaining is our willingness to go peacefully.

Red State Patriot
May 19, 2007

Comments are welcome at redstatepatriot@hughes.net. Please include the title of the article as your subject line. Selected responses, in whole or part, may be published (appended to the article).

RESPONSE by Russell K. Pearce, AZ House of Representatives:

Thank you.

NO AMNESTY AS PROMISED! WE WILL NOT TOLERATE ANY FORM OF AMNESTY. WE WILL NOT TOLERATE A TED KENNEDY COMPROMISE, THE SELL OUT OF AMERICA!

Freedom and Liberty does not exist when elected officials conspire in secret to destroy this great Republic and the Constitutional Rights of its citizens.

NO government or elected official has the right to undermine the Rule of Law - EVER!

Because we now know that Congress endorses the INVASION OF AMERICA, we Americans will not and cannot abandon our duty to PRESERVE, PROTECT AND DEFEND our great nation - for its citizens, and the American Dream for our children and our grandchildren. We cannot be found to be "derelict" in our duty to God and Country, like those whom we have trusted enough to honor with the highest of elected offices.

Posted May 19, 2007 11:16 AM
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