Wrong. It is determined by statutory law. Why do you constantly make stuff up?
JWK
The citizens of the United States paid little attention while their tyrannical federal government gave aid and comfort to hundreds of thousands of foreign nationals invading their country
So, now you agree it is not up to a judge, but rather, criterion for asylum seekers is established by statutory law which a judge is required to follow.
JWK
Our socialist revolutionaries are known for accusing others of what they themselves are guilty of.
And when they do disappear into our communities, that is when American citizens and their children pay the price for allowing this ongoing invasion to continue:
• American citizens are finding it more difficult as each day passes to get treated at a hospital’s emergency room because it is filled with illegal entrants
• How a local school is overwhelmed with the children of illegal entrants, and is forced to cut various extracurricular activities include sports, music, academic competitive teams, special interest activities . . . etc., to pay for the education and special needs of illegal entrants’ children
• How a number of border towns are experiencing alarming incidents of infectious diseases [measles, mumps, typhus, syphilis, small pox, and tuberculosis] previously uncommon in these localities, but commonly found in the countries of illegal entrants who are now swarming our border
• How a married couple, who are American citizens, struggles to pay for the birth of their first born, while pregnant illegal entrants are privileged to have their $8K to $20K inpatient birth charge paid by taxpaying American citizens for the birth of a “anchor baby”, which in turn opens the door for more taxpayer benefits for the illegal entrant mother and her newly born
• How a homeless family, who are American Citizens, find it almost impossible to get public housing because the Biden Administration has waived the legal residency requirement to obtain public housing vouchers which invites millions of illegal entrants to now compete with American citizens for a limited supply of public housing
• How an outbreak of tuberculosis in a school filled with recently admitted children of illegal entrants is shocking the community and newly reported cases are being diagnosed in the town’s emergency rooms
• How an inner city has been terrorized by MS-13 gang members who have been allowed to enter the country
• How COVID infected illegal entrants transported to cities around the country and released, are infecting the residents therein
• How a number of Customs and Border Patrol Agents have been infected, some of whom have died, with various diseases transmitted by the flow of illegal entrants
• How a crime wave is developing in a number of border towns, and inner cities across America, which is traceable to illegal entrants
And the list goes on and on . .
.
JWK
The Chinese Communist Party is counting on America’s Fifth Column media [MSNBC, NEW YORK TIMES, CNN, WASHINGTON POST, ATLANTIC MAGAZINE, New York Daily News, Time, ETC.], and their Yellow Journalists, to delude the American people.
I have debunked what you call “a citizen” countless times!
A baby born on American soil to a foreign national does not become a citizen of the United States upon birth.
We are led to believe that if a foreigner enters our country illegally and gives birth to a child, that child, because of the 14th Amendment, becomes a citizen of the United States upon birth. As we shall see, that is one of the biggest myths alleged concerning the text and legislative intent of the 14th Amendment. Let us look at some documented facts.
In IN RE SLAUGHTER-HOUSE CASES, 83 U.S. 36 (1872) the Court states the following regarding the 14th Amendment:
“That its main purpose was to establish the citizenship of the negro can admit of no doubt. The phrase, subject to its jurisdiction’ was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States“ .
And why would the Court indicate the wording in the 14th Amendment which declares “and subject to its jurisdiction” was intended to exclude from citizenship “children of ministers, consuls, and citizens or subjects of foreign States born within the United States“ ?
The answer is to be found in the Congressional Globe, 39th Congress, which framed and debated the 14th Amendment. For example, in discussing the proposed 14th Amendment, Senator Howard explains the clear intentions of the 14th Amendment as follows:
The first amendment is to section one, declaring that all "persons born in the United States and Subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside. I do not propose to say anything on that subject except that the question of citizenship has been fully discussed in this body as not to need any further elucidation, in my opinion. This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, 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 persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.(my emphasis) see : Congressional Globe, 39th Congress (1866) pg. 2890
“The provision is, that “all persons born in the United States, and subject to the jurisdiction thereof, are citizens.” That means “subject to the complete jurisdiction thereof.” . . . “What do we mean by “subject to the jurisdiction of the United States?” Not owing allegiance to anybody else. That is what it means.”
Mr. Trumbull later emphasizes in crystal clear language that: “It cannot be said of any Indian who owes allegiance, partial allegiance if you please, to some other Government that he is “subject to the jurisdiction of the United States”
Mr. JOHNSON then rises to say: “…there is no definition in the Constitution as it now stands as to citizenship. Who is a citizen of the United States is an open question….there is no definition as to how citizenship can exist in the United States except through the medium of a citizenship in a State.
“Now, all that this amendment provides is, that all persons born in the United States and not subject to some foreign Power–for that, no doubt, is the meaning of the committee who have brought the matter before us–shall be considered as citizens of the United States.” …he then continues “…the amendment says that citizenship may depend upon birth, and I know of no better way to give rise to citizenship than the fact of birth within the territory of the United States, born of parents who at the time were subject to the authority of the United States.”
And then there is John A. Bingham, chief architect of the 14th Amendments first section who considered the proposed national law on citizenship as “simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen…”Cong. Globe, page 1291(March 9, 1866) middle column half way down.
And so, a baby born to a foreign national mother while on American soil is not subject to the jurisdiction of the United States within the meaning of the 14th Amendment, nor becomes a citizen of the United States upon birth.
JWK
"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law (1858)
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.
There is no getting around that.
Anyone born in the United States is a citizen save for a few foreign nations operating in an official capacity and not subject to a United States laws. (Ambassador, consolute staff etc).
Thank you for you unsubstantiated opinion. Now, HERE are the documented facts regarding the qualifier “and subject to the jurisdiction thereof”…
JWK
The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it._____HOME BLDG. & LOAN ASSOCIATION v. BLAISDELL, 290 U.S. 398 (1934)
Solution of course is to amend the constitution, so it’s not a hopeless cause maybe trumpism will become the majority Opinion and the constitution will be amended.