Soo..there are talks about repealing some amendment..o-o

Started by Wolfy, August 04, 2010, 08:08:53 PM

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Wolfy

I..honestly can't remember the number right now..xD

But it's the amendment that guarantees citizenship to anyone born on American soil, basically...there are some that want to repeal this Amendment...some because of illegal immigrants, others because they believe Al-Queda/The Taliban are sending pregnant women over to drop a baby and then teach said baby how to be a terrorist. O_o Which..sounds rather nutty to me.

Thoughts, Elliquiy?

Revolverman

I cannot see this passing. It could lead to kids, with quite literally, no country to call home. Where would you even send them if you deported them?

Wolfy

Quote from: Revolverman on August 04, 2010, 08:10:56 PM
I cannot see this passing. It could lead to kids, with quite literally, no country to call home. Where would you even send them if you deported them?

Well, I'd suppose you'd kick them out with their parents. O-o

HockeyGod

It's the 14th Amendment which has a birthright citizenship protection.

Regardless in order to create an amendment to the Constitution, it requires 3/4 of both the Senate and House OR 3/4 of the State's legislatures.


RubySlippers

14th Amendment

And they don't have to repeal it just say a person born of one native or naturalized American citizen is a citizen. The amendment originally was to make slaves citizens all they had to do when writing it was to say "negros born in the stateof slavery are hereafter nationalized citizens". They worded the amendment horribly.

I think they do need to reword this with a new amendment.

Wolfy

I thought it was the 14th...

But yeah...o3o...From what I know (I could be wrong) only Republicans are really supporting this. o-o

HockeyGod

Quote from: RubySlippers on August 04, 2010, 08:21:34 PM
14th Amendment

And they don't have to repeal it just say a person born of one native or naturalized American citizen is a citizen. The amendment originally was to make slaves citizens all they had to do when writing it was to say "negros born in the stateof slavery are hereafter nationalized citizens". They worded the amendment horribly.

I think they do need to reword this with a new amendment.

What??? Here's the 14th Amendment:

Quote
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.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Elina


Oniya

It takes a freaking lot to repeal an amendment, mainly because it takes so much for a new one to be ratified.  There were literally hundreds of Constitutional Amendments proposed in the 1990s alone, and none of those were ratified.  In addition to the 3/4 majority of the Legislative branch, a 3/4 majority of the individual states need to approve the amendment (38, since it doesn't come out even). 


(Source:  http://www.usconstitution.net/constam.html )
"Language was invented for one reason, boys - to woo women.~*~*~Don't think it's all been done before
And in that endeavor, laziness will not do." ~*~*~*~*~*~*~*~*~*~*~Don't think we're never gonna win this war
Robin Williams-Dead Poets Society ~*~*~*~*~*~*~*~*~*~*~*~*~*~Don't think your world's gonna fall apart
I do have a cause, though.  It's obscenity.  I'm for it.  - Tom Lehrer~*~All you need is your beautiful heart
O/O's Updated 5/11/21 - A/A's - Current Status! - Writing a novel - all draws for Fool of Fire up!
Requests updated March 17

RubySlippers

alxnjsh  > Yes it needs to be reworded as an American I have a simple position if your not born of at least one citizen ,native or naturalized, you should not be grantiong citizenship to the child. No other country ,as far as I know, lets folks come to a nation, pop out a child and bammo its a citizen unless one parent if from that nation. This would be sure the child has an American parent to count. Once can grandfather in existing children and give children born on American soil a favored immigration status when they turn eighteen cutting some red tape as a law in the second case. The original section one was to allow former slaves citizenship and it should have been worded just to cover them one time so they became Americans after that regular immigration law would have sufficed. So ,yes, I say replace Section 1 with a new amendment.


Sho

Quote from: RubySlippers on August 05, 2010, 05:48:14 AM
No other country ,as far as I know, lets folks come to a nation, pop out a child and bammo its a citizen unless one parent if from that nation.

Hong Kong does, actually.

Interestingly enough, both Hong Kong and America are considered some of the most favorable places to live within their respective hemispheres, and they both allow children born on their soil to remain citizens. Why deny someone the right, say, if they have a green card but are not a citizen and give birth to a child while they are in the country?

I highly doubt this will pass, though. At least I hope it won't.

HockeyGod

I believe any child born in the United States should be a citizen of the United States.

The following are countries that practice birthright citizenship. Interestingly the majority are in the West.

    * Antigua and Barbuda
    * Argentina
    * Barbados
    * Belize
    * Bolivia
    * Brazil
    * Canada
    * Chile
    * Colombia
    * Dominica
    * Dominican Republic
    * Ecuador
    * El Salvador
    * Fiji
    * Grenada
    * Guatemala
    * Guyana
    * Honduras
    * Jamaica
    * Lesotho
    * Malaysia
    * Mexico
    * Nicaragua
    * Pakistan
    * Panama
    * Paraguay
    * Peru
    * Saint Christopher and Nevis
    * Saint Lucia
    * Saint Vincent and the Grenadines
    * Trinidad and Tobago
    * United States
    * Uruguay
    * Venezuela

Asuras

No one will repeal the entire amendment. Maybe someone will alter it to give more favorable language to the nativists but...

Before this amendment (see incorporation doctrine) states could ban political parties, ban newspapers, arrest people without charges, disenfranchise citizens arbitrarily because none of the protections in the federal constitution was enforced on states until this amendment was introduced.

The amendment will never be repealed. It is fundamental to modern American law and what it means to be an American.

Silk

It does need rewording at least. I mean by the way people are saying, if I was to pop a child while on holiday in the US, that makes him/her a US citizen?

Wolfy

Quote from: Silk on August 06, 2010, 05:08:21 PM
It does need rewording at least. I mean by the way people are saying, if I was to pop a child while on holiday in the US, that makes him/her a US citizen?

...O_o...Well..According to some, yes. o3o...Which..would probably mean you'd have to get him a passport to leave the country, too. xD

Marikir

The passage of the decision concerning Prop 8 is also being used in the "discussion" about repealing the 14th, since it's the 14th that has the Equal Protection Clause. 

That Clause was one of the reasons the Judge cited in his striking down of Prop 8.  So, now, the talks about this gets stronger and stronger.


In other words, there are some in this country who want to remove the Clause of the Constitution that was used to strike down racial segregation in Brown vs Board of Education.


I have to believe that there are enough reasonable and non-reactionary people in this country that they wouldn't be so short sighted as to shoot themselves in the foot by trying something as ridiculous as repealing the 14th and all of it's clauses.

Oniya

Quote from: Wolfy on August 06, 2010, 05:33:20 PM
...O_o...Well..According to some, yes. o3o...Which..would probably mean you'd have to get him a passport to leave the country, too. xD

Actually, you probably wouldn't need to get the passport.  I believe most countries allow for the child of two citizens born outside the country to be considered a citizen when they come back.  Also, an infant can travel on his parent's passport until a certain age.
"Language was invented for one reason, boys - to woo women.~*~*~Don't think it's all been done before
And in that endeavor, laziness will not do." ~*~*~*~*~*~*~*~*~*~*~Don't think we're never gonna win this war
Robin Williams-Dead Poets Society ~*~*~*~*~*~*~*~*~*~*~*~*~*~Don't think your world's gonna fall apart
I do have a cause, though.  It's obscenity.  I'm for it.  - Tom Lehrer~*~All you need is your beautiful heart
O/O's Updated 5/11/21 - A/A's - Current Status! - Writing a novel - all draws for Fool of Fire up!
Requests updated March 17

Wolfy

Quote from: Marikir on August 06, 2010, 06:04:26 PM
The passage of the decision concerning Prop 8 is also being used in the "discussion" about repealing the 14th, since it's the 14th that has the Equal Protection Clause. 

That Clause was one of the reasons the Judge cited in his striking down of Prop 8.  So, now, the talks about this gets stronger and stronger.


In other words, there are some in this country who want to remove the Clause of the Constitution that was used to strike down racial segregation in Brown vs Board of Education.


I have to believe that there are enough reasonable and non-reactionary people in this country that they wouldn't be so short sighted as to shoot themselves in the foot by trying something as ridiculous as repealing the 14th and all of it's clauses.

If said Clause does get repealed...we'll be effectively setting ourselves back by decades. o-o

Especially in Alabama! *zing!*...but..seriously, though. o-o