COMMENT: Bilbray strikes out on Constitution
By RAOUL LOWERY CONTRERAS | ∞
My representative in Congress is Brian Bilbray. He is an old friend who is normally level-headed and bright. I have supported him for two decades.
On the subject of citizenship of any children of illegal aliens born in the United States, however, he is incurably warped.
He is currently cosponsoring legislation to invalidate that part of the Constitution that declares affirmatively that "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."
He writes, "History tells us that citizenship laws have been largely based on the notion that loyalty, not simply the location of one's birth, shall take precedence when determining citizenship."
Bilbray is wrong; there is no such history in America.
He is obviously not a student of the Supreme Court or history. Given that, he must rely on information given him by fringe anti-illegal alien groups, such as the Federation for American Immigration Reform that used to employ him as a lobbyist.
For example, he states: "After the 13 colonies severed ties with the British crown in the 1770s, determining U.S. citizenship fell upon each of the colonies."
Not true. English common law dictated citizenship, not individual colonies. He can produce no law from any state that contravened common law or any court case that supports his theory.
He continues, wrongly: "Of paramount importance is the phrase 'and subject to the jurisdiction thereof,' which is rooted in the English law that granted citizenship based on where one owes allegiance, not simply where one is born." Wrong â€-?
Wrong, Bilbray.
He says, "According to the authors of the citizenship clause, if one's parents are 'subject to the jurisdiction' of the United States and only the United States, then their child shall be granted citizenship. If one's parents are 'subject to the jurisdiction' of another country, and are therefore loyal to that country, they cannot be granted citizenship."
Bilbray's contribution to trashing the Constitution is the Birthright Citizenship Act (HR 1940). It "clarifies that a person born in the United States shall be eligible for birthright citizenship only if the person is born of parents who are lawful citizens, or if a parent is performing active service in the armed forces."
Bilbray's mother wasn't a citizen, thus he specifies one parent in the military (his father) ---- talk about self-centered legislation!
Bilbray should read the Supreme Court's Wong Kim Ark (1898) decision that specifically makes his proposal unconstitutional on its face. It has been cited in 35 Supreme Court cases since 1898.
The court ruled that there are no considerations "that â€- permit(s) the judiciary to refuse to give full effect to the peremptory and explicit language of the 14th Amendment, which declares and ordains that 'all persons born or naturalized in the United States', and subject to the jurisdiction thereof, are citizens of the United States."
There are no considerations for Bilbray to trash the Constitution.
Raoul Lowery Contreras lives in Del Mar Heights.
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jesse wrote on Apr 19, 2008 9:28 AM:Is anyone surprised that Wrong Way Brian Bilbray has proposed such a ridicolous piece of legislation?!?!? Bilbray has never been excused of being a Constitutional scholar. What an embarassement to us in North County
Playing Lawyer wrote on Apr 21, 2008 7:39 AM:A search of the CA Bar website fails to find Raoul Lowery Contreras. It appears his constitutional analysis is merely political opinion.
Totally Wrong wrote on Apr 21, 2008 8:06 AM:Before the 14th Amendment, there were many state statutes regarding the citizenship of negros, mullatos, and indians, and tons of state court cases litigating whether a certain person was negro, mullato, indian, or white for purposed of determining citizenship. The 14th Amendment gave Congress the power to take that power away from the states.
What About Indian Citizenship wrote on Apr 21, 2008 8:34 AM:Indians belonging to tribes were not US Citizens by birth until the 1920s when Congress passed a law to that effect (earlier by treaty with the particular tribe). Those indians were certainly subject to the jurisdiction of the United States. According to the author's position, Congress has less power over the birthright citizenship rights of foreign nationals than it has over the birthright citizenship rights of the indian tribes. That position fails to withstand a simple test of logic.
Madamepatriot wrote on Apr 21, 2008 7:02 PM:Raoul, you fail miserably. Time changes situations and that is why we have the ability to revise our laws when needed. Ahem, hence the term "AMEDMENT." We absorb more immigrants (legally) than any other nation on this planet and we are a welcoming country. Anybody with children knows that if you reward bad behavior you get - surprise - more bad behavior. We must not reward those who break our laws and come here illegally with the gift of citizenship for their children, nor themselves.
Madamepatriot wrote on Apr 21, 2008 8:12 PM:That is "AMENDMENT" - typing too fast :)
American woman wrote on Apr 21, 2008 8:33 PM:I bring up the subject of birthright citizenship any chance I get. I have never, EVER had a single American citizen subscribe to the absurd notion that alien children born on U.S. soil to parents who have unlawfully entered the country should receive the privilege of American citizenship. It makes no sense. Raoul makes no sense. It is high time we change this ridiculous provision of the Fourteenth Amendment to the U.S. Constitution! Even my eight-year old grandchild is puzzled by this out-dated
provision. I quote: "Why, grandma, would a baby be made an American citizen if it's parents have broken our laws by sneaking into our country?"
Robin wrote on Apr 21, 2008 10:26 PM:I agree with Bilbray! Those in our country illegally should not be rewarded by giving birth to automatic citzenship. How about we adopt MEXICO'S policy on this topic?
lairwarrior wrote on Apr 22, 2008 5:39 PM:Unlawful aliens and there children's should be deported. Thank Bilbray for doing what is right.
SDGal wrote on Apr 22, 2008 6:21 PM:Illegal aliens and their welfare babies only drag down this country. Children born to illegal aliens are not US citizens. The Mexican government needs to step up and start taking care of their people. Many pregnant mexican girls try and make it across the border believing that their babies will be US citizens, endangering their lives and their babies lives. That tells me they are not even fit to be parents and should not have babies.
I think Billbray should go another step further and have ICE at the hospitals. Also if a mother is on welfare with a baby she should not be allowed to have any more children until she can prove she can afford them.
Go Brian Billbray, this is the right thing to do.
Timray wrote on Apr 23, 2008 7:11 PM:Mr. Bilbray is joining the modern world. "Jus Soli" belongs in the history books. Simply because you illegally enter this country should not give anyone citizenship. "Jus Sanguinis" which requires one or more parent to be a citizen before citizenship is granted to offspring is the more prudent law. Mexico long ago adopted this due to Americans trying to gain property rights in Mexico. I believe most European countries have this law last time I looked. Remember the 14th amendment(passed by Republicans as were most of the civil rights laws) was passed to rectify the wrongs done to the African-Americans(held in slavery of the Democrats) and not basically meant for a bunch of free loaders seeking a free lunch. Having lived in Mexico for 7 years I saw lots of discrimination there concerning their native and black descent populations. It has been only a few years that all Mexicans were granted equality beneath the law.
Rob wrote on Apr 24, 2008 4:42 PM:I think it is people like you Jesse and Raoul, not Mr. Bilbray, who are an embarrassment to the rest of us in North county. He is trying to fix a problem that has to be fixed. When has any other Country in history been able to withstand an invasion of 20 to 40 million illegal aliens?
Nick wrote on Apr 25, 2008 7:20 AM:Bilbray is right on and in agreement with Millions of Americans who want the ABUSE of our 14th Amendment by an invasion of 20+ Million Illegals stopped. Those against this notion are but a minority. Too bad, they will all have to eat crow soon enough!
Korean-American wrote on May 5, 2008 2:20 PM:It's really sad to read all your comments full of hate and racism.
1. Not all Illegal immigrants are Mexicans, there are Central Americans, South Americans, Asians, Europeans, Africans, etc.. 2. There are about 12 million illegal immigrants, not 20 million +. 3. If the 14th amendment was to be abolished, then everybody, except Native Americans, would lose citizenship... Peace, Love and Respect, stop hating illegal and legal immigrants, stop hating Mexico, live and let live. Be happy.
Mayflower wrote on May 13, 2008 7:16 AM:To Korean-American, your assertion that the comments are full of hate and racism does not work on Patriotic Americans anymore. It is not about that at all. It is about rule of law. It is about people coming in our Country wanting to hyphenate their name, live in America and owe all their loyalty to another Country, take all our social services at taxpayers expense and to top it off they call us racists. Oh,yes the government has been saying 12 million for 3 years. With over 5,ooo people a day crossing our borders, that number is not accurate.
David wrote on May 13, 2008 8:34 AM:
There was a time when America was empty (right after Old World diseases reduced the Indian population), and resources were plentiful. However, now there are simply too many people in the USA. America is basically out of oil, yet each American uses, on average, 60 barrels of oil/yr (includes agric. industry, military). 100 Million immigrants over the next 50 yrs, and their 50 million children, will require that America finds an additional 9 BILLION barrels of oil EACH YEAR. In the future, your children will die in the Middle East so that Mexicans can come to the USA and drive sports utility vehicles. Think gas & housing are expensive now? Wait until USA reaches 1 billion people.
David wrote on May 13, 2008 11:30 AM:Every person outside the USA is a potential customer for our products (grain, timber, technology, beef, ore, etc), and hence can improve USA's economy. In contrast, for each immigrant, we must somehow find housing, clean water, energy (oil), education, health care, police and fire services, roads and infrastructure, and process sewage and garbage. We are running out of all of these things. We are too crowded, and simply cannot squeeze in more people or pay for it. As excessive population overwhelms our ability to provide, we will see prices and discontent rise, and our standard of living and our society crash. It is impossible to maintain this many people as oil (and everything else) runs out.
kia wrote on May 13, 2008 6:46 PM:One MAJOR difference between Wong Ark and the current "birthright" citizens. Ark's parents were here LEGALLY. I don't believe anyone has ever proposed that children born of non-citizens who are otherwise here legally be denied citizenship but to allow just anyone that feels like running across the border and showing a total disregard for breaking federal law to be rewarded by citizenship for their offspring is insane and will ultimately lead to the total failure of society.
Raoul knows nothing wrote on May 16, 2008 6:20 PM:The first 30 years after the 14th amendment was passed no one whose parents were foreigners were granted citizenship, ergo the Wong Kim case which came to the court. Also, as What About Indian Citizenship said, it took an act of Congress in the 1920s to grant birthright citizenship to Indians, which would not have been necessary had the Wong Ark ruling said that all who are born on U.S. soil are Americans.
To the topic at hand -- foreigners are coming at will and stealing citizenship for their children (yes, stealing! Have we "The Governed" consented to this? Government by the consent of the governed anyone?). The time has come to clarify the 14th amendment and stop the insanity of bestowing citizenship to the children on illegals. Section 5 of the 14th Amendment says "The Congress shall have the power to enforce, by appropriate legislation, the provision of this article." Which means that the Congress could fix this mess right now, but they refuse to do so. It's time to fix it.
RWB wrote on May 16, 2008 8:03 PM:It's pretty pathetic for a country to be so bad off that their citizens are fleeing that country in the false belief that having babies in this country will give them US citizenship.
Does that country have a clue, take care of your own.
The mexican caucus should be fixing this problem instead of trying to pin all their wrongdoings on the US.
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