The 14 amendment of the constitution of the United Sates says " 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," Sometimes the constitution is a bit vague when it codifies something. The founding fathers intended for this to give our elected leaders the chance to take the law and formulate it so that it fits current times and changes. And the constitution is a tool to provide the framework for the law.
So the constitution goes on to authorizes the Congress to do create clarifying legislation in Section 5 of the 14th Amendment; the Constitution, in Article 1, Section 8, Clause 4, also allows Congress to create law regarding naturalization, which includes citizenship. Currently, Title 8 of the U.S. Code fills in the gaps left by the Constitution. Section 1401 defines the following as people who are "citizens of the United States at birth:"
- Anyone born inside the United States *
- Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe
- Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
- Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
- Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
- Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
- Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
- A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
So our consitution gives anyone, without thought to the cizitenship of their parent US citizenship if they are born in the United States. And that is the same many other countries as my sister was granted German citizenship when she was born in Stuttgart.
So what the hell does Arizona think they are doing by even considering this law. When Governor Brewer claimed the previous immigration law wasn't aimed at Hispanics. Obviously all these laws are aimed at the large illegal population in Arizona. I mean never mind that fact that we could simply streamline the naturalization process because there is a backlog of several years for that. No that would too much like common sense right there.
I for one think that every minority in Arizona needs to not show up to work and go to the capital and protest till all this crap is reversed. Arizona has always tried to bully its minority population and frankly I'm sick and tired of seeing it happen. Tear the state house down to the studs if you have to. Rain down debris on top of Governor Brewer dyed head till she act like she has some sense.
