Thursday, July 17, 2008

Anchor Babies

There are approximately 425,000 children born of illegal aliens each year in the U.S. The way the 14th Amendment to our U.S. Constitution is being interpreted these children become citizens of the U.S. by reason of being born here, and thus are entitled to welfare and other benefits as other citiznes of the U.S. In the July issue of Imprimis, Edward J. Erler, Prof. of Political Science at California State U. makes the argument that under a proper interpretion of the Constitution these children should not become citizens. The 14th Amend. provides tht "All persons born or naturalized in the U.S. AND SUBJECT TO THE JURISDICTION THEREOF, are citizens of the U. S. . . ." Erler contends that these children, like those born to Native Americans, are not subject to the jurisdiction of the U.S. and hence should not automatically become citizens. Erler makes a very convincing argument. The U. S. Supreme Court has never precisely ruled on this issue. I think it's likely that 5 out of the 9 members of the court would go along with Erler's interpretation.

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