The Orange County Register ran an article by the liberal law professor from UC Irvine, Erwin Chemerinsky. In his piece “Deal With It” he is attempting to convince others that the 14th Amendment says something it clearly does not. The link below is to the original article, followed by my response to the Letters Editor at the Orange County Register.
Deal with it: Those born here are U.S. citizens
By Erwin Chemerinsky
August 27, 2015
It’s quite troubling to see such esteemed academics as Erwin Chemerinsky essentially claiming that the American people simply gave away their sovereignty in 1868 to any invader who wishes to take it. That’s an absurd and unfounded conclusion. Even more appalling is that he is teaching this anti-American non-sense to our children — literally jeopardizing their future as a sovereign and independent nation.Does anyone truly believe that the United States of America, its national government that controls immigration and naturalization has left to foreigners and invaders the decision as to who is a citizen of this nation? Think about this. Could that argument be more insane. Common sense, let alone the facts inform us that only Americans can birth Americans. “Subject to the jurisdiction” does not apply to foreigners or aliens (invaders) or ambassadors as they are subject to the jurisdiction of their native land.The 14th Amendment was in response to Dred Scott v. Sandford but was solely applicable to freed blacks and their children and their posterity and not to “all persons” as the native Indians who were born here and were neither foreigners or aliens were not citizens. Why? Simply because they were NEVER Americans, they were never subject to the jurisdiction of the United States (that changed in 1924).
During the Congressional debates, May 30, 1866, regarding the “Birthright citizenship Clause” of the 14th Amendment, the Thirty-Ninth Congress made it explicitly clear when Jacob M. Howard (drafter of the 13th and 14th Amendments) 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 accredited to the Government of the United States.” His words being common knowledge and succinct were left unchallenged. He went on to say, “It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States.”
Mr. Chemerinsky would do well to go to the original source of the controversy, the author himself rather than to try to piece together a puzzle using English common law, Blackstone’s commentaries and some wayward Supreme Court decisions to mislead the American public away from the truth of the matter.
David is a perpetual student of religion, politics and American history. He lives in Southern California with his wife and their three children. Writer, thinker, speaker, blogger, he is the author of many articles as well as the book, The Conservative Directory – The Little Black Book of the Cultural Counter Revolution (1994). The book was honored with praise from Charlton Heston, Bay Buchanan, Joseph Farah among many others. You can follow him on Twitter @cogitarus. He’s available for speaking engagements upon request.