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14th Amendment

August 6th 2010 03:30
So the 14th Amendment of the US Constitution starts out:

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.

This one sentence has caused as many problems, or more problems than any other sentence I know.

You may be asking yourself why.

The reason is that people come to the US illegally, have a child, and then are allowed to stay. Why is this? Well according to the 14th Amendment, the child was born here so they are a US citizen and have rights. One of which is to have their illegal parents stay with them in the US.


This Amendment was more for the children of slaves and making sure they were allowed/considered citizens. Congress proposed this amendment because of the decision in the Dred Scott case which stated blacks could not become citizens of the US.

The world has changed a lot since the US was founded. I think it is time to make a few changes, this being one of them. What do you think?
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Comment by Sam Uretsky

August 6th 2010 20:20
The focus of current discussions has been on the 14th amercement, but we'd have to go to article II section i, dealing with the qualifications for holding the Presidency. " No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States." It appears that "natural born" in this context implies that birth within the United States (after it became the United States when the Constitution was adopted), had the rights of citizenship. The 14th amendment was intended to make it clear that rights of citizenship were given to the slaves and their descendants, but original intent seems to focus on this earlier statement. While there's no question that conditions have changed, repealing the 14th amendment won't resolve the problem, and there's no use repealing it unless we have a comprehensive immigration policy, and obviously that's been difficult to come up with.

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