I wish being a non-citizen meant you didn’t have to pay taxes.
Even if that interpretation would be correct, citizenship is still a federal matter. Unless that legal precedent is overturned, Arizona cannot do jack shit.
@scineram, sure they can. They can stop issuing Arizona birth certificates to non-citizens. If the Federal government has a problem with it, then they can issue their own birth certificates.
“They can stop issuing Arizona birth certificates to non-citizens. If the Federal government has a problem with it.”
Sounds good to me, but I’m sure someone will take it to court and then the odds are they’ll strike it. But I personally support the effort in the meantime.
Is their case history on this section of the 14th Amendment?
The Federal Government’s disregard of the Constitution in setting up an immigration-magnet welfare state has necessitated Arizona’s disregard of the Constitution re: search and seizure and birthright citizenship.
Still more evidence that history’s greatest experiment in limited government has failed.
“Is their case history on this section of the 14th Amendment?”
Yes, and plenty of legislative history as well. I won’t pretend to know all of it but here is a good link I found to help with the search:
http://supreme.justia.com/constitution/article-1/35-naturalization-and-citizenship.html
EDIT: I do think that the Congress’ supremacy in this issue is almost inarguable. The only reason the immigration law will probably stand is because of the standard of concurrent enforcement established in Canas v Bica. In this case, I don’t know of any federal statute that allows a state to deny a birth certificate to someone born here. In other words, the states do not have the legal right to overturn federal law as it relates to naturalization, that is a power exclusively given to Congress.
You have it backwards. Those born in Arizona are US citizens per law Arizona has no jurisdiction over. So unless there is precedent to the contrary Arizona acts illegally. Unconstitutionally.
@scineram, and what law is that?
From the first line of the amendment, i.e. federal law, it seems pretty clear that if you get plopped out on US soil you are a citizen. Of course, this just shows how irrational and meaningless the constitution is.
Has anyone else not read the beginning of this thread?
The Immigration and Nationality Act of 1952, pursuant to Article I, section 8, clause 4 of the United States Constitution.
@scineram, and what does making laws regarding naturalization have to do with making laws regarding immigration? From LRC: http://www.lewrockwell.com/longcore/longcore20.1.html
Immigration is not the issue here. Don’t try to divert the topic!
@scinerma, my bad! I’m in too many conversations (other places). ^_^.
This still comes back to what the 14th Amendment meant at passing.
Yes, but Arizona has no right to decide that for itself.
Re: Skyler Collins,
The 14th Amendment is not read that way an was NOT meant to be read that way. It instead states that because a person is born in the US or naturalized, then he or she falls under the jurisdiction of the Fed Gov. This way, Southern states could not suddenly state that US-born ex-slaves were NOT citizens just because their parents were African. So, you’re WRONG.
@scineram, it doesn’t? Isn’t that what vertical checks are all about?
They can perfectly do this, since there is no inalienable right to a birth certificate. What WILL happen is that people will simply register their kids in other states. It would also bring a flurry of Constitutional challenges from LEGAL PERMANENT RESIDENTS who happen to bear children in Arizona.
1. All persons born in the United States, and subject to the jurisdiction thereof, are citizens.
2. All persons born in the United States, and NOT subject to the jurisdiction thereof, are NOT citizens.
Doesn’t the constitution also specify what the jurisdiction of the United States is?
I skimmed it and didn’t find a clear reference but it has clear indications to claim jurisdiction of all the people in the United States. Which should make the second interpretation impossible.