+- Waukegan Talk (http://wauktalk.com/forum)
+-- Forum: Politics (http://wauktalk.com/forum/forumdisplay.php?fid=13)
+--- Forum: Politics (http://wauktalk.com/forum/forumdisplay.php?fid=7)
+--- Thread: Justice Brennan's Footnote Gave Us Anchor Babies (/showthread.php?tid=1101)
Pages:
1
2
Justice Brennan's Footnote Gave Us Anchor Babies - ClassicalLib17 - 08-06-2010
This is an economic issue and a common sense issue. Notwithstanding, the claims of massive benefit by 'the experts', this community has struggled futily these last 20+ years with this issue. I speak only to the issue of illegal immigration, anyone who waited in line, received the proper medical screening, innoculations, with a job waiting for them, made a conscious choice to change their allegiance. God Bless them, for they studied our Constitution and, most likely, will not fall prey to the pandering Progressive Democrat. Apparently, a few members of this forum think that the millions who illegally enter our sovereign country are also given the proper medical screening and innoculations.
Justice Brennan's Footnote Gave Us Anchor Babies
by Ann Coulter
08/04/2010
Democrats act as if the right to run across the border when you're 8 1/2 months pregnant, give birth in a U.S. hospital and then immediately start collecting welfare was exactly what our forebears had in mind, a sacred constitutional right, as old as the 14th Amendment itself.
The louder liberals talk about some ancient constitutional right, the surer you should be that it was invented in the last few decades.
In fact, this alleged right derives only from a footnote slyly slipped into a Supreme Court opinion by Justice Brennan in 1982. You might say it snuck in when no one was looking, and now we have to let it stay.
The 14th Amendment was added after the Civil War in order to overrule the Supreme Court's Dred Scott decision, which had held that black slaves were not citizens of the United States. The precise purpose of the amendment was to stop sleazy Southern states from denying citizenship rights to newly freed slaves -- many of whom had roots in this country longer than a lot of white people.
The amendment guaranteed that freed slaves would have all the privileges of citizenship by providing: "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 drafters of the 14th amendment had no intention of conferring citizenship on the children of aliens who happened to be born in the U.S. (For my younger readers, back in those days, people cleaned their own houses and raised their own kids.)
Inasmuch as America was not the massive welfare state operating as a magnet for malingerers, frauds and cheats that it is today, it's amazing the drafters even considered the amendment's effect on the children of aliens.
But they did.
The very author of the citizenship clause, Sen. Jacob Howard of Michigan, expressly said: "This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers."
In the 1884 case Elk v. Wilkins, the Supreme Court ruled that the 14th Amendment did not even confer citizenship on Indians -- because they were subject to tribal jurisdiction, not U.S. jurisdiction.
For a hundred years, that was how it stood, with only one case adding the caveat that children born to LEGAL permanent residents of the U.S., gainfully employed, and who were not employed by a foreign government would also be deemed citizens under the 14th Amendment. (United States v. Wong Kim Ark, 1898.)
And then, out of the blue in 1982, Justice Brennan slipped a footnote into his 5-4 opinion in Plyler v. Doe, asserting 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." (Other than the part about one being lawful and the other not.)
Brennan's authority for this lunatic statement was that it appeared in a 1912 book written by Clement L. Bouve. (Yes, THE Clement L. Bouve -- the one you've heard so much about over the years.) Bouve was not a senator, not an elected official, certainly not a judge -- just some guy who wrote a book.
So on one hand we have the history, the objective, the author's intent and 100 years of history of the 14th Amendment, which says that the 14th Amendment does not confer citizenship on children born to illegal immigrants.
On the other hand, we have a random outburst by some guy named Clement -- who, I'm guessing, was too cheap to hire an American housekeeper.
Any half-wit, including Clement L. Bouve, could conjure up a raft of such "plausible distinction(s)" before breakfast. Among them: Legal immigrants have been checked for subversive ties, contagious diseases, and have some qualification to be here other than "lives within walking distance."
But most important, Americans have a right to decide, as the people of other countries do, who becomes a citizen.
Combine Justice Brennan's footnote with America's ludicrously generous welfare policies, and you end up with a bankrupt country.
Consider the story of one family of illegal immigrants described in the Spring 2005 Journal of American Physicians and Surgeons:
"Cristobal Silverio came illegally from Oxtotilan, Mexico, in 1997 and brought his wife Felipa, plus three children aged 19, 12 and 8. Felipa ... gave birth to a new daughter, her anchor baby, named Flor. Flor was premature, spent three months in the neonatal incubator, and cost San Joaquin Hospital more than $300,000. Meanwhile, (Felipa's 19-year-old daughter) Lourdes plus her illegal alien husband produced their own anchor baby, Esmeralda. Grandma Felipa created a second anchor baby, Cristian. ... The two Silverio anchor babies generate $1,000 per month in public welfare funding. Flor gets $600 per month for asthma. Healthy Cristian gets $400. Cristobal and Felipa last year earned $18,000 picking fruit. Flor and Cristian were paid $12,000 for being anchor babies."
In the Silverios' munificent new hometown of Stockton, Calif., 70 percent of the 2,300 babies born in 2003 in the San Joaquin General Hospital were anchor babies. As of this month, Stockton is $23 million in the hole.
It's bad enough to be governed by 5-4 decisions written by liberal judicial activists. In the case of "anchor babies," America is being governed by Brennan's 1982 footnote.
Re: Justice Brennan's Footnote Gave Us Anchor Babies - Danno - 08-06-2010
Thinking objectively about this begs a question. Wouldn't it be a "god given right" to be a citizen of the place, the soil, where one is born? Or are there two kinds of "god given rights"?
A more significant Supreme Court decision was in 1982 in Plyler v. Doe... a 5-4 decision that said a state has to provide a public education to children regardless of immigration status. The court also said that a public education is not a right and that a state would merely have to show that it would cost more money to the taxpayers of the state to provide a free public education to illegals than to not provide a free public education to them. Texas or any other state since then has never challenged this decision. Why? And why is no one zeroing in on this?
In my opinion this one issue has been the element responsible for the mass illegal immigration that has taken place in the last 30 years. A large part of the illegal immigration wave and amount of "anchor babies" has been due solely to the attraction of a free public education in this country.
Re: Justice Brennan's Footnote Gave Us Anchor Babies - ClassicalLib17 - 08-07-2010
Objectively thinking? To date, you have not expressed an objective opinion in this section of the forum. I think you confuse objective with subjective.
Re: Justice Brennan's Footnote Gave Us Anchor Babies - WT Reader - 08-07-2010
ClassicalLib17 Wrote:Objectively thinking? To date, you have not expressed an objective opinion in this section of the forum. I think you confuse objective with subjective.
Hey CL ..
So what do you call commandeering and dominating this entire thread to your extreme right-wing views day after day after day? I call it anything BUT "objective."
Ho hum, and so IT goes and goes into &.
-- WT Reader
Re: Justice Brennan's Footnote Gave Us Anchor Babies - ClassicalLib17 - 08-07-2010
Why do you view our Founding Fathers, the framers of our Constitution, and our Constitution itself as extreme right-wing. Our nation has been drifting, rudderless, because of those who are hell-bent on turning our great country into a social democracy. Would you prefer I post more bad news from your precious failing European social democracies? If the left would support the framers intent, I could post some positive articles from them, as well. But, we know the direction the democrat party has been heading the last 35 years, and there just isn't anything positive to post. Obviously, you can't find anything positive to post from the democrat/progressives either. I hope you find the light someday. Thank you for your reply.
Re: Justice Brennan's Footnote Gave Us Anchor Babies - Danno - 08-07-2010
ClassicalLib17 Wrote:Objectively thinking? To date, you have not expressed an objective opinion in this section of the forum. I think you confuse objective with subjective.Ok, someone needs a lesson in reading comprehension. The main point of my comment was not about objective or subjective thinking. It was about the concept that one is a citizen of the soil they were born on by "god given right". Do you agree with that or not?
Re: Justice Brennan's Footnote Gave Us Anchor Babies - Danno - 08-07-2010
ClassicalLib17 Wrote:Why do you view our Founding Fathers, the framers of our Constitution, and our Constitution itself as extreme right-wing. Our nation has been drifting, rudderless, because of those who are hell-bent on turning our great country into a social democracy. Would you prefer I post more bad news from your precious failing European social democracies? If the left would support the framers intent, I could post some positive articles from them, as well. But, we know the direction the democrat party has been heading the last 35 years, and there just isn't anything positive to post. Obviously, you can't find anything positive to post from the democrat/progressives either. I hope you find the light someday. Thank you for your reply.You should look to capitalism for the sources of the failures that you see. Capitalism is not a self sustaining system. It is destined to fail at some time in the future. It assumes infinite resources and infinite growth which are impossible. There is also the problem of more and more jobs being done by machines. This is termed "technological obsolescense". Just look at farming and how technolical automation has replaced humans and with a huge incease in productivity.
By the way, are some of those "framers" the same ones who said everyone was created equal and yet favored a system of slavery in which some human beings were born into a life in which they were treated like animals? Is that the "intent" you want to go back to? I know you tend to deify the founding Fathers but when you look at it objectively it's easy to see that they were not perfect.
Re: Justice Brennan's Footnote Gave Us Anchor Babies - ClassicalLib17 - 08-07-2010
When you look at it objectively, this country was already involved with slavery at its inception(a European practice) and it took many years to finally end it. Many compromises were made to hold the new nation together. Your anti-american/ pro socialism point of view is not considered an admirable trait by most Americans. Why don't you post some positive news from this brilliant administration currently running our country into the ground, or maybe something positive from your Greek comrades. Come on November.
Re: Justice Brennan's Footnote Gave Us Anchor Babies - Danno - 08-07-2010
ClassicalLib17 Wrote:When you look at it objectively, this country was already involved with slavery at its inception(a European practice) and it took many years to finally end it. Many compromises were made to hold the new nation together. Your anti-american/ pro socialism point of view is not considered an admirable trait by most Americans. Why don't you post some positive news from this brilliant administration currently running our country into the ground, or maybe something positive from your Greek comrades. Come on November.
Of course I'm not pro socialism. Socialism is merely the other side of the same rock that you hold up as a gem. So do you agree that capitalism is destined to fail because it is not self sustaining for the reasons I said or do you think it can go on forever?
Re: Justice Brennan's Footnote Gave Us Anchor Babies - Dennis_Ista - 08-08-2010
ClassicalLib17 Wrote:When you look at it objectively, this country was already involved with slavery at its inception(a European practice) and it took many years to finally end it. Many compromises were made to hold the new nation together. Your anti-american/ pro socialism point of view is not considered an admirable trait by most Americans. Why don't you post some positive news from this brilliant administration currently running our country into the ground, or maybe something positive from your Greek comrades. Come on November.
The Conventional Congress decided to put slavery as an issue for "another day"
That "another day" turned into 4 years of bloody slaughter called the Civil War.
A hell of a postponing...
625,000 Americans dead, wounded or missing...