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The 14th Amendment vs. Pregnancy Tourism

by Lynn Matthews and Tim Walsh

President Donald Trump hinted in an Axios interview that he wanted to put an end to women entering America to have children that can claim citizenship.  A practice referred to a pregnancy tourism; where pregnant women from foreign countries have their babies born here, receive a birth certificate, social security card, and are immediately granted citizenship in America.

While a hotly contested issue for both citizens and non citizens.  RHM has decided to examine the 14th Amendment, whose original intention was to grant protections to recently freed slaves;  where it came from and who represents it.  According to Mark Levin, Constitutional scholar,  "Not until the 1960’s has the Constitution been interpreted to convey birthright citizenship on the children of illegal aliens. And not due to any congressional statute or court ruling, but decisions by various departments and agencies of the federal bureaucracy."

“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.”   Jurisdiction means having a legal right over something.

By the very wording of the first sentence, one would interpret this to imply, that if persons born here in the United States, raised to hate the United States, and have the intention of over throwing the government of the United States, they would still proclaim to have citizenship in the United States.  By that standard, even the President of the United States, being raised in an environment could seek to over throw the United States.  Hypothetically speaking, a future president raised to admire Sharia Law, could potentially seek to divide the nation from it's constitutional values, by dividing the nation based on sexual orientation, racial orientation, religious orientation, simply by giving one group significantly more attention.  By addressing claims of prejudice where none exist.

According to Pew Research, "The United States has more immigrants than any other country in the world. Today, more than 40 million people living in the U.S. were born in another country, accounting for about one-fifth of the world’s migrants in 2016.  Mexico is the top origin country of the U.S. immigrant population. In 2016, 11.6 million immigrants living in the U.S. were from there, accounting for 26% of all U.S. immigrants. The next largest origin groups were those from China (6%), India (6%), the Philippines (4%) and El Salvador (3%).

The hotly contested 14th Amendment needs to have a discussion regarding its origins, and the future of America with respect to it.  Many legal scholars, and politicians are advocating for the first sentence, All persons born, and forgetting the second half.  The originator of the Amendment plainly made his intentions known when writing it.  According to Wikipedia, " During the debate over the first clause of the Fourteenth Amendment, Howard argued for including the phrase "and subject to the jurisdiction thereof:"  He further argued, "Every person born within the limits of the United State, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. 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 accredited to the government of the United States, but will include every other class of person."

According to Conservative Review, this issued is already settled, with respect to how the Supreme Court views the 14th Amendment.  Citing, "Nowhere is this more evident than in the debate over so-called birthright citizenship, where the Left cherry-picks one non-binding footnote of a terrible decision misinterpreting another bad decision that violates previous precedent, the plain meaning and purpose of the 14th Amendment, sovereignty, and the social compact while collectively ignoring endless uninterrupted case law indicating the opposite – all for the political outcome of giving our sacred birthright to illegal aliens."

We here at Red Hot Media report the issues, you decide.

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