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OUR CONSTITUTION AND OUR BORDERS
By Neal Ross
James Madison, our 4th President, mindful that there would be those who would tinker with the Constitution admonished these meddlers thusly, "Do not separate text from historical background. If you do, you will have perverted and subverted the Constitution, which can only end in a distorted, bastardized form of illegitimate government."
The separation of text from historical background is a common occurrence in our nation today. Advocates of one cause or another routinely alter and misrepresent the meaning of various portions of the Constitution to justify divers, and often conflicting, agendas. These campaigns and causes seem to be endless in number. We know that many provisions of the Constitution have been subverted, and we know also that the false extrapolations of the meaning of these provisions, as intended by the authors, has bastardized our government. These crusades for social change seem to be rampant and endless and the peddlers of the same look to the Constitution to justify and stimulate the social changes, which they desire, but which are totally unsupported by the provisions of the Constitution. The changes in Immigration sought by the president and the congress clearly point up this conflict between the intent of the Constitution and the wants of these politicos.
The 14th Amendment to the Constitution is currently being used by advocates of immigrants who are illegally in this country to validate their claim to those rights afforded, constitutionally, only to legal citizens. Consider the restrictions and limitations on citizenship by this amendment: "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."
The exponents for the extension of rights to illegal aliens, which are reserved by the Constitution to legal citizens, would like for us to believe that the 14th Amendment guarantees that those same rights and privileges belong to illegal immigrants as well. This is a false premise. Apparently they have not studied the writings of James Madison. They are separating the text from the historical background of the Amendment, and are doing so deliberately to justify their quest for that, which is not authorized by the Constitution.
The 14th Amendment was written to ensure that African Americans who were born into citizenship would be entitled to the same rights and privileges as every other person who claimed citizenship by birth. The amendment reversed the tenants of the Dred Scott decision, which held that slaves, and decedents of slaves, were not entitled to citizenship. Although the Civil Rights Act of 1866 had already granted this right the 14th Amendment was proposed and written so that future court decisions might not overturn that guarantee.
At that time in our history, untold thousands were not breaching our borders illegally and then, after this illegal entry, demanding the benefits of legal citizenship. Certainly from a historical perspective, the 14th Amendment was not written with any thought in mind to encourage or justify this type of scenario.
There were some later court rulings that clarified things somewhat. In 1884, the Supreme Court, in Elk v. Wilkins, 112 U.S. 94, ruled that Indian tribes were exempt from the guarantees of the 14th Amendment because they were independent political powers with "no allegiance" to the United States. Notice the phrase "no allegiance". Who today would maintain that the current crop of illegal immigrants, with which we are currently contending, would sincerely swear allegiance to this country, learn our language, follow our customs, and obey our laws? To believe this flies in the face of all that we know of them. Their homeland has their absolute allegiance, they refuse to learn our language, they refuse to honor our flag, they shun our customs and entirely too many refuse to comply with our laws.
In 1898, in United States v. Wong Kim Ark, 169 U.S. 649, the Supreme Court held that those born to foreigners who were here "lawfully," and were not employed in a diplomatic position, were considered to be citizens. The emphasis here is on "lawfully". How have we allowed this to be perverted to the point that the offspring of the law-breakers today who enter our country illegally are now entitled legally to citizenship? Either we are completely ignorant or we totally ignore historical precedent. The essence of these two Supreme Court decisions is that, the provisions of the 14th Amendment do not apply to children born to diplomats or enemy forces nor to "Sovereign" Native Americans, and that only the offspring of "lawful' immigrants are considered to be citizens.
Aha, you say that ends it. Unfortunately, that is not the case. Did you ever know the Supreme Court to let stand, that which is sensible and reasonable? Of course not, how would they justify their activist image were they to do that? Consider their further tinkering with the 14th Amendment.
In Plyler v. Doe, 457 U.S. 202, the Supreme Court ruled that illegal immigrants are within the 'jurisdiction of the states they reside.' A footnote to their ruling stated that, "no plausible distinction with respect to Fourteenth Amendment "jurisdiction" can be drawn between resident aliens whose entry into the United States was lawful, and resident aliens whose entry was unlawful." With the stroke of a pen the court added a new meaning to the 14th Amendment and overturned two Previous Supreme Court decisions. It's no wonder that people have had, traditionally, so little regard for the Supreme Court. They do not render their decisions based upon the provisions of the Constitution; they alter the provisions of the Constitution to enable their subjective will upon the people.
The Supreme Court arbitrarily and capriciously legalized "anchor babies" as citizens entitled to all of the rights and benefits granted to the babies of legal citizens of the United States. The writers of the Constitution must be whirling in their graves at the continuing distortion, perversion, and transformation of their document. There has been some conjecture that in order to rectify this situation the constitution must be, once again, amended. Why must laws and amendments be continually written to counter stupid Supreme Court decisions? The Supreme Court will just legislate away any of the laws and amendments, which conflict with their subjective goals anyway.
A part of the 14th Amendment states that 'all persons born or naturalized in the United States, and subject to the jurisdiction thereof... This clause can pertain only to the offspring of illegal immigrants; their parents are not included. So, If the parents are here illegally it would appear that we have the option of deporting the parents and taking the child and entering it into the system for adoption by American citizens, or we could offer the family the opportunity to return to their homeland with their child, to never set foot, illegally, on American soil once again. Both of these options could be sensible solutions to the problem, which confronts us, but never expect that this government will take the sensible route to the solution of any problem.
Article 9, Section 4 of the Constitution states, "The United States shall guarantee to every state in this Union a republican form of government, "and shall protect each of them against invasion..." It appears that the government, the people you voted for and elected to represent you, are not carrying out their duties or living up to their responsibilities.
Congressional representatives who allow this invasion by illegal immigrants are violating their oath of office. They have sworn to uphold the Constitution, and they are not doing so. There can be no other conclusion. No matter how well one may think they are performing in other matters, they have an obligation to secure the borders of this nation. They are directly responsible for the financial burden placed upon the true citizens of this nation who are forced, through their taxes, to feed, educate, and provide for socially millions of illegal alien nationals. And they are personally responsible for every crime committed on our soil by illegal intruders. We need to hold them accountable for their deeds, and if found wanting in regard to their obligation to secure our borders, they must be removed from office. Every Senator who voted in favor of SB 2611, which would grant citizenship to illegal immigrants already here, is a traitor to his, or her, nation, and ought to be impeached and thrown out of office. Instead many of these sell-outs to industrial and commercial proponents of illegal immigration are being considered as viable candidates for the presidency.
If people refuse to become involved for change, and if they remain silent in the face of such betrayal they deserve the degradation of society that confronts them. 1700 people enter this country illegally every day, that is 51,000 illegal immigrants per month and 620,000 per year. At that rate we can expect One million two hundred forty-one thousand more illegal immigrants to infiltrate our borders by the time of our next national election. The time for action is now. We have a new more liberal Congress, which is even more favorable to the invasion of illegal immigrants, and even more favorable to an extension of rights to these law-breakers. We must let them know, emphatically, that we will not tolerate a continued refusal to honor their oaths of office. It is imperative that we hold them to their Constitutional obligations. Write letters, call their offices, and be relentless in holding them to their obligation to the people.
This is a government of the People...' we need to get involved. Do your duty. We have very little time left.
© 2007 - Neal Ross - All Rights Reserved
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Neal Ross works for a major fruit packaging facility in CA. He is married with a 15-year-old son. He served 13 years in the U.S. Air Force and another ten as a military contractor before losing his job due to military downsizing. He has traveled the world, living in Kuwait, Oman, Italy, Germany, Korea, the Philippines and Spain. He believes strongly in government according to the strict guidelines of the Constitution, and feels that a good portion of the fault for the problems of this country lies in the apathy of the American people.
Congressional representatives who allow this invasion by illegal immigrants are violating their oath of office. They have sworn to uphold the Constitution, and they are not doing so.