
08-22-2015, 09:36 AM
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Quote:
Originally Posted by Guest
Here is Section One of the Fourteenth Amendment:
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.
https://www.law.cornell.edu/constitution/amendmentxiv
I don't think it needs to be repealed; it needs to be applied.
And subject to the jurisdiction thereof. Are illegal immigrants subject to US law? Not if they're here illegally. They are squatters.
A bit of history:
<snip>The Amendment was intended to give citizenship to the African-American former slaves and not to Indians. Government agencies (the Bureau of Indian Affairs, the Department of the Interior), and the courts (state, federal, and, ultimately, the Supreme Court) consistently held that the Fourteenth Amendment did not confer citizenship on Indians. <snip>
"http://nativeamericannetroots.net/diary/617"
Sounds bizarre. The courts reasoning, at the time, was that Native Americans were tribal citizens, not American citizens. They weren't granted citizenship en masse until 1940.
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Good post
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