Wednesday, October 31, 2018

context and common sense

 The hot topic at the moment is birthright citizenship. President Trump says it needs to end and I agree wholeheartedly. What a lot of those protesting this don't understand is it is not a constitutional guarantee to those that are not citizens of the United States in the first place. If one just reads the 14th amendment ( 1866 ) and uses common sense, that becomes obvious enough. Yes, we do have to read things in the context that they were written. The very first sentence says it applies to those within the jurisdiction of the United States or the state in which they reside. Illegals are not under the jurisdiction of the United States and do not reside in any state. That seems clear enough to me for anyone to understand. Of course you have all these legal scholars that wish to interpret that differently. Well, because that is what lawyers do. They don't argue cases based on common sense, or the intent of the legislation, they argue to win their case. They even take an oath to defend guilty people and try their best to get them off! It's their job. In this case, birthright citizenship, it has never been decided upon by the supreme court. It's time it was settled, once and for all.
 I think it is plain enough. If I sneak into your home does that make me a part of your family? Does that give me " rights? " If I give birth to a child after I sneak into your house, are you now obligated to raise that child? Are you obligated to feed, clothe, shelter and provide medical care and an education to that baby? That's what some are saying is the obligation if an illegal sneaks into the country and gives birth. I say, render aid during the birthing process, but that's it. Back to wherever you came from until the proper paperwork is done for you to legally immigrate. You don't get to just smash and grab! Birthright citizenship applies in the country that you are a citizen! That should be obvious.
 The Supreme court did rule that a child born abroad, to U.S.Citizens, is a citizen by birthright. Yes, the parents have to be citizens. Some countries will grant dual citizenship but that is not the issue. The fact remains at least one parent must be a U.S. Citizen. If you recall the fuss about Obama's birth certificate you should be aware of this. The accusation was that he was foreign born of non U.S. Citizens. That would have disqualified him from the office of President. His legal team argued that he was born in Hawaii and has birthright citizenship. A birth certificate was eventually produced and the matter settled legally, if not in the minds of many people. Whatever the case is, the Supreme court hasn't ruled one way or the other. Fact is, the Supreme Court can only issue an opinion on the matter. It is up to Congress to make the final decision, and the Congress is the people. So I say place it on the ballot.
 Trump is not calling for a repeal of the 14th amendment. That isn't what he's saying, regardless of how the media reports it. What Trump is saying is that birthright citizenship should only apply to CITIZENS of this country. I'd say once the child is conceived it is a citizen of the United States. I'd say that child should receive the full protection of the Constitution of this great country. But that isn't being done, no, because there are some insisting it's their choice to abridge those rights, specifically the right to life! These same folks are now protesting, in an outrage because a child being born on foreign soil ( it's foreign to them ) isn't going to be granted all the protections of the same constitution they are denying to natural born citizens! Sounds pretty ridiculous to me.
 The 14th amendment to the constitution was written to affirm that former Slaves and indeed all African-Americans were full citizens of this country. That is what was required in 1866 because a certain political party was denying that reality. Yes, the same party that is now claiming we must give birthright citizenship to illegals were the ones denying that slaves and African-Americans weren't even humans. That is a portion of why the 14th amendment was necessary. Yes, context is very important to the discussion, very important indeed.
    

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