I Call On Bryan Fischer To Prove That He's An American Citizen
Here in Idaho, there's this guy with a "no comments allowed" website and a 1,300 person mailing list (at least some of them people who don't agree with him and just want a daily chuckle) who gets an inordinate amount of attention from the press as the state's self-styled spokesman for Family Values. He's come up with some kooky ideas recently (like the one where he wants us to only vote for unpledged Electors, and get rid of the 11th and 12th grades for most kids) but today he threw one out that just plain pisses me off. Seems he thinks illegal immigrants are a threat to Idaho Families (at least the type of family that he recognizes) and he's jumped on the "anchor baby" bandwagon:
Although bad Supreme Court precedent has resulted in the custom of granting citizenship to the children of illegals born on American soil, a careful and accurate reading of the Constitution reveals that this is just another instance of judicial activism gone awry.I guess if Mr. Fischer believes illegal aliens aren't subject to the jurisdiction of the United States, then he would want to deport this guy without having him serve his prison time. My point here, though, is how do we prove that anyone is a citizen if not for the wording of the 14th Amendment -- especially if, as Mr. Fischer wants, it wouldn't require another Constitutional amendment. Should someone automatically be a citizen if one of their parents was a citizen? OK, how do we know their parents and grandparents and great-grandparents were citizens, if not for a birth certificate saying they were born in the United States (which wouldn't be useful under Bryan's Rules)? The only way is for someone to have naturalization papers, signed by a judge. (Or, I suppose, be a bonafide member of an Indian tribe where there's a chain of legislation granting all members of said tribe citizenship at some point.)
The 14th Amendment, passed in the wake of the Civil War, was enacted to prevent any of the former slave-holding states from denying citizenship to the children of slaves who were born in the United States prior to the end of the Civil War.
It makes clear that citizenship is guaranteed only to “persons born … in the United States” if they are also “subject to the jurisdiction thereof.”
Slaves, and the children born to them prior to the end of the Civil War, were clearly subject to the jurisdiction of the laws of the United States, including the onerous laws that permitted slavery in the first place.
But obviously illegal aliens are not “subject to the jurisdiction” of the United States, which is why they choose to live “in the shadows” and can be deported immediately upon detection.
The unfortunate misreading and misapplication of the 14th Amendment by the Court, which invented the “anchor baby” category of citizenship, does not need to be corrected by another constitutional amendment. It can and should be corrected by a Court that respects the original intent of Congress and the states when they enshrined this provision in the Constitution in the first place.
So would Mr. Fischer pass this test? Can he come up with naturalization papers for any of his ancestors, along with birth cerificates (original and notarized, please -- you know those things can be forged) for the whole chain from the naturalized ancestor to him? If not, he should immediately demonstrate that he stands behind his words and remove himself immediately to the land of his ancestors -- probably Prussia.
(Slightly off topic, but in case you get the idea that Idaho only has right-wing extremists, the left doesn't get a free pass -- the Idaho Democratic Party just invited Daily Kos guy Markus "Screw Them" Zuniga to speak at their big yearly dinner. Not quite the best way to show independent Idaho voters that the Idaho Democratic Party isn't just the party of the Angry Left.)