Senator Howard, Professor, United States discussed on We The People
That. Professor ruler. Of course response to a number of points accumulated, including I e said that the quotation from Senator Howard that you've relied on was also relied on by Michael Anton in the national review. He's the spokesperson for the national Security Council on whom President Trump relied and accused suggesting that there was a or inserted into quote changed its meaning the quotas. This will not of course, include persons born in the United States who were foreigners aliens. And then I suppose around town inserted an or who belonged to the families embassador. And then then professor. Amore also introduced the one KMart case. So your thoughts about why that case which applied to the children of legal aliens does not apply to the children illegally lands would be great. Actually, I'm the one who originally insight is the or in quote because I thought it clarified it. And I still think it's a the or bracketed or is justified. I wrote a response to the editors of national review, which they posted a justifying the use of the or using the Jacob Howard's of words. Because after all he said that the reason that he didn't repeat the language of the Civil Rights Act saying Indians, not taxed are excluded. Was that he regarded Indians as foreigners. So in that statement that he made he resisted including the Indians it in the fourteenth amendment language because he regarded them as foreigners in having a foreign nation. He said we've always thought of Indians as being members of foreign nations. And so they were part of the foreigners that that he included there. I gave a plenty of other evidence, including the Civil Rights Act of eighteen sixty six in which he said, those who are subject to a foreign power where are are not eligible for birthright citizenship. I don't. See how you can get any clearer than that. But I think that. Professor Amar would reasons the fourteenth amendment is somehow repealing the Civil Rights Act the bay sixty six because the civil rights activities, they sick doesn't fact exclude those who are subject to a foreign power from earthrights citizenship. So that people who come here illegally are obviously subject to a foreign power and the Civil Rights Act to excluded them from a birthright citizenship. And now he would say fourteenth amendment includes them in birthright citizenship. So you have an incompatibility between the fourteenth amendment in the Civil Rights Act of eighteen sixty six and I don't know of anyone who makes that argument. Now, I don't know what. Statute, the professor is referring to. But I don't believe that. There is any case on point that says except in dicta that says as the children of illegal aliens are considered to be. Citizens of the the United States. I don't think there is a case. And I don't think the player versus though does say that after all the children that were involved in that case were in fact, illegal aliens until I don't think that cases is on. Let me just say something about one Kim arc the argument in one KMart. We have to remember that his parents were legal Ilian 's they were in the country legally, but they were not eligible they could never become citizens of the United States. They were barred from. Citizenship by treaty and by statute, and they profess allegiance to the emperor of China. So. One Kamarck was born in the United station the question of whether or not he was the citizen of the United States is now Justice great who wrote the majority decision..