2011/2012 February PF Topic: Birthright Citizenship
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About the Product
Author(s) and/or Contributor(s): Stephen Babb, Jessica Bailey, Ben Lewis, Adam Torson
Description: Topic analysis and evidence for the February 2012 PF Topic. Topics covered include the Citizenship Clause of the 14th Amendment, illegal immigration, political theories of citizenship, and much more.
File Index
TABLE OF CONTENTS 2
Topic Analysis by Stephen Babb 6
Topic Analysis by Jessica Bailey 16
Topic Analysis by Ben Lewis 28
Topic Analysis by Adam Torson 36
FRAMEWORK EVIDENCE 46
SECTION ONE OF THE 14TH AMENDMENT…………………………………………………………………………………………….. 46
FEDERAL LAW PROVIDING FOR BIRTHRIGHT CITIZENSHIP…………………………………………………………………. 47
COUNTRIES CONFER CITIZENSHIP ON THE BASIS OF DESCENT OR GEOGRAPHIC LOCATION OF BIRTH 48
JUS SOLI DEFINED…………………………………………………………………………………………………………………………………… 49
JUS SANGUINIS DEFINED……………………………………………………………………………………………………………………….. 50
HISTORICALLY INDIVIDUALS HAVE BEEN GRANTED CITIZENSHIP ON THE BASIS OF BIRTH WITHIN A NATION OR PARENTAGE, WITH SOME EXCEPTIONS……………………………………………………………………………………………………………………….. 51
A LARGE NUMBER OF CHILDREN ARE BORN TO UNDOCUMENTED IMMIGRANTS IN THE UNITED STATES 52
IMMIGRANTS IN GENERAL AND UNAUTHORIZED IMMIGRANTS IN PARTICULAR TEND TO HAVE MORE CHILDREN BECAUSE THEYA RE YOUNGER AND HAVE HIGHER FERTILITY RATES……………………………………………………………………………. 53
APPROXIMATELY 37% OF UNAUTHORIZED IMMIGRANTS ARE PARENTS OF CHILDREN WHO ARE US CITIZENS 54
THERE ARE MANY CHILDREN OF UNAUTHORIZED IMMIGRANTS IN THE UNITED STATES……………… 55
THE TWO PRIMARY CONCERNS ASSOCIATED WITH BIRTHRIGHT CITIZENSHIP ARE THE COST OF WELFARE BENEFITS FOR THE CHILDREN OF UNDOCUMENTED ALIENS AND THE PROSPECT OF CIRCUMVENTING THE NORMAL IMMIGRATION PROCESS 56
AFFIRMATIVE EVIDENCE 57
THE 14TH AMENDMENT WAS NEVER MEANT TO EXTEND CITIZENSHIP TO ALL PEOPLE BORN WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE UNITED STATES…………………………………………………………………………………………………. 57
PROPONENTS OF THE CITIZENSHIP CLAUSE TO THE 14TH AMENDMENT ARGUED THAT CITIZENSHIP WAS BASED ON CONSENT, NOT MERE BIRTH……………………………………………………………………………………………………………………………………… 58
CONFERRING CITIZENSHIP ON THE CHILDREN OF UNAUTHORIZED IMMIGRANTS WAS AN UNINTENDED CONSEQUENCES OF THE 14TH AMENDMENT……………………………………………………………………………………………………………………………. 59
IT IS UNCLEAR WHETHER THE 14TH AMENDMENT SHOULD BE READ TO CONFER BIRTHRIGHT CITIZENSHIP, AND CONGRESS AND THE PUBLIC HAVE GOTTEN LITTLE SAY IN THE MATTER……………………………………………………………………. 60
THERE IS NO CLEAR MEANING OR AUTHORITATIVE POLICY ON WHAT IT MEANS FOR A PERSON TO BE “SUBJECT TO THE JURISDICTION OF THE UNITED STATES,” WHICH MEANS THAT THE CONSTITUTION DOES NOT CLEARLY CONFER BIRTHRIGHT CITIZENSHIP…………………………………………………………………………………………………………………………………………….. 61
BY USING THE POWER CONFERRED IN SECTION 5 OF THE 14TH AMENDMENT, CONGRESS MAY DEFINE WHO IS SUBJECT TO THE JURISDICTION OF THE UNITED STATES AND THEREFORE WHO MAY BE A CITIZEN………………………… 62
CONGRESSIONAL LEGISLATION HAS ATTEMPTED TO LIMIT THE ABILITY OF INDIVIDUALS TO EMIGRATE ILLEGALLY AND THEN REMAIN IN THE UNITED STATES BECAUSE THEIR NATURAL-BORN CHILDREN ARE CITIZENS……… 63
FOR MANY YEARS MEMBERS OF CONGRESS HAVE BEEN TRYING TO TIE CITIZENSHIP TO THE CITIZENSHIP STATUS OF PARENTS…………………………………………………………………………………………………………………………………………………………………… 64
BIRTHRIGHT CITIZENSHIP CREATES AN INCENTIVE FOR ILLEGAL IMMIGRATION……………………………. 65
BIRTHRIGHT CITIZENSHIP IS A SUBSTANTIAL CONTRIBUTOR TO THE EXPLOSIVE GROWTH OF IMMIGRATION TO THE UNITED STATES……………………………………………………………………………………………………………………………………………………… 66
GIVING CITIZENSHIP TO THE CHILDREN OF ILLLEGAL IMMIGRANTS MAKES IT HARDER TO DEPORT THE PARENTS 67
DOMESTIC-BORN CHILDREN OF UNDOCUMENTED ALIENS ARE KNOWN AS “ANCHOR BABIES” BECAUSE THEY PROVIDE A BASIS FOR A CLAIM TO CITIZENSHIP THAT CIRCUMVENTS THE NORMAL QUOTA PROCESS……………………. 68
WHILE MOST UNAUTHORIZED IMMIGRANTS COME TO AMERICA IN SEARCH OF JOBS, THERE IS EVIDENCE THAT AN INCREASING NUMBER ARE COMING TO GIVE BIRTH………………………………………………………………………………………………….. 69
BIRTHRIGHT CITIZENSHIP UNFAIRLY DISADVANTAGES THOSE WHO EMIGRATED LEGALLY…………. 70
BIRTHRIGHT CITIZENSHIP IS A BARRIER TO EXPANDING TEMPORARY WORKER PROGRAMS………… 71
BIRTHRIGHT CITIZENSHIP REWARDS PEOPLE WHO BREAK THE LAW………………………………………………. 72
BIRTHRIGHT CITIZENS COSTS THE TAXPAYERS A SUBSTANTIAL AMOUNT IN WELFARE SUPPORT FOR THE CHILDREN OF UNAUTHORIZED IMMIGRANTS……………………………………………………………………………………………………………….. 73
WELFARE BENEFITS FOR THE CHILDREN OF UNAUTHORIZED IMMIGRANTS IS ENORMOUSLY EXPENSIVE 74
BORDER STATES BEAR A DISPROPORTIONATE PART OF THE COST OF PROVIDING SUPPORT TO POVERTY STRICKEN IMMIGRANTS…………………………………………………………………………………………………………………………………………….. 75
BIRHTRIGHT CITIZEN CAUSES INCREASED WELFARE COSTS…………………………………………………………… 76
AREAS OF THE COUNTRY IMPACTED BY ILLEGAL IMMIGRATION TEND TO SUPPORT PUTTING AN END TO BIRTHRIGHT CITIZENSHIP…………………………………………………………………………………………………………………………………………….. 77
CHILDREN OF ILLEGAL IMMIGRANTS ARE PROTECTED BY CITIZENSHIP IN THEIR PARENTS’ COUNTRY OF ORIGIN, AND CONGRESS CAN MAKE EXCEPTIONS FOR UNFAIR CASES………………………………………………………………… 78
VERY FEW COUNTRIES GRANT BIRTHRIGHT CITIZENSHIP, AND THERE IS GROWING SUPPORT FOR ABOLISHING IT IN THE UNITED STATES……………………………………………………………………………………………………………………………………………………… 79
THE FRAMERS OF THE CONSTITUTION REJECTED THE IDEA THAT PEOPLE ARE SUBJECT TO A GOVERNMENT BY VIRTUE OF THEIR BIRTH IN FAVOR OF THE IDEA THAT CITIZENSHIP CAME FROM CONSENT……………………………. 80
THE FOUNDERS EMBRACED CITIZENSHIP BY CONSENT AND ONLY FAILED TO DEFINE ITS SCOPE BECAUSE IT WOULD HAVE RAISED SENSITIVE CONCERNS ABOUT FEDERALISM…………………………………………………………………………. 81
MANY CHILDREN OF UNDOCUMENTED IMMIGRANTS DO NOT HAVE DEEP TIES TO THE COMMUNITY AND THEREFORE DO NO HAVE A MORAL RIGHT TO CITIZENSHIP………………………………………………………………………………………………… 82
BIRTHRIGHT CITIZENSHIP FOR THE CHILDREN OF ILLEGAL IMMIGRANTS SHOWS A DEVALUATION OF AMERICAN CITIZENSHIP…………………………………………………………………………………………………………………………………………………………………… 83
BIRTHRIGHT CITIZENSHIP CAUSES THE COMMUNITY TO LOSE CONTROL OVER ITS DEMOGRAPHICS AND CULTURE 84
THE CHILDREN OF ILLEGAL IMMIGRANTS ARE LESS LIKELY TO INTEGRATE INTO THE COMMUNITY 85
BIRTHRIGHT CITIZENSHIP INCREASES THE NUMBER OF PEOPLE WITH DUAL CITIZENSHIP AND THUS DIVIDED LOYALTIES 86
BIRTHRIGHT CITIZENSHIP DILUTES THE POLITICAL POWER OF CURRENT CITIZENS……………………… 87
NEGATIVE EVIDENCE 88
THE FIRST CASE TO ADDRESS WHETHER THE CHILD OF AN ALIEN BORN DOMESTICALLY IS A CITIZEN DETERMINED THAT CONGRESS INTENDED TO ADOPT BIRTHRIGHT CITIZENSHIP……………………………………………………………. 88
THE 14TH AMENDMENT AND THE CIVIL RIGHTS ACT OF 1866 WERE MEANT TO GRANT CITIZENSHIP TO THOSE BORN IN THE UNITED STATES REGARDLESS OF THE ALIENAGE OF THEIR PARENTS……………………………………………. 89
UNITED STATES v. WONG KIM ARK ESTABLISHES THAT THE 14TH AMENDMENT CONFERS BIRTHRIGHT CITIZENSHIP AND DOES NOT GIVE CONGRESS THE POWER TO ALTER IT………………………………………………………………………………….. 90
WHILE THE COURTS HAVE NEVER RULED DIRECTLY ON WHETHER THE CONSTITUTION GRANTS CITIZENSHIP TO THE NATURAL BORNS CHILDREN OF ILLEGAL ALIENS, THE WEIGHT OF LEGAL AUTHORITY SUGGESTS THAT IT DOES 91
THE INTENTION OF THE DRAFTERS OF THE 14TH AMENDMENT WAS TO CODIFY THE COMMON LAW RULE OF BIRTHRIGHT CITIZENSHIP THAT HAD BEEN OVER TURNED IN DRED SCOTT…………………………………………………………. 92
ABOLISHING BIRTHRIGHT CITIZENSHIP WILL ACTUALLY INCREASE THE NUMBER OF ILLEGAL ALIENS IN THE UNITED STATES…………………………………………………………………………………………………………………………………………………………………… 93
THE JURISDICTION CLAUSE OF THE 14TH AMENDMENT SHOULD NOT BE INTERPRETTED TO DENY CITIZENSHIP TO THE CHILDREN OF ILLEGAL IMMIGRANTS…………………………………………………………………………………………………….. 94
ENDING BIRTHRIGHT CITIZENSHIP WOULD DRAMATICALLY INCREASE THE NUMBER OF UNDOCUMENTED IMMIGRANTS IN THE UNITED STATES……………………………………………………………………………………………………………………………………….. 95
THE NUMBER OF UNAUTHORIZED IMMIGRANT CHILDREN WOULD RISE DRAMATICALLY UNDER ANY PROPOSED CHANGE TO CURRENT LAW…………………………………………………………………………………………………………………………………………. 96
REPEALING BIRTHRIGHT CITIZENSHIP INCREASES THE NUMBER OF UNDOCUMENTED ALIENS IN THE UNITED STATES, WHICH IN TURN INCREASES PROBLEMS LIKE NOT REPORTING CRIMES…………………………………………………………… 97
THE SEARCH FOR EMPLOYMENT IS THE PRIMARY DRIVER OF ILLEGAL IMMIGRATION; ENDING BIRTHRIGHT CITIZENSHIP WILL DO LITTLE TO SOLVE IT…………………………………………………………………………………………………………………………………. 98
CITIZENSHIP IS ONLY ONE FACTOR ENCOURAGING ILLEGAL IMMIGRANTS TO GIVE BIRTH IN THE UNITED STATES; THE COST OF HEALTHCARE IS A MAJOR MOTIVATOR…………………………………………………………………………………………………. 99
THE ANCHOR BABY ARGUMENT IS A MYTH………………………………………………………………………………………… 100
THE PUBLIC GENERALLY OPPOSES CHANGING THE CONSTITUTIONAL GUARANTEE OF BIRTHRIGHT CITIZENSHIP 101
CALLS TO REPEAL BIRTHRIGHT CITIZENSHIP ARE OFTEN BASED ON RACIST APPEALS TO CULTURAL PURITY 102
ANTI-IMMIGRANT SENTIMENT IS A RECURRING PHENOMENON IN AMERICAN POLITICS……………… 103
CONCERNS THAT THE CHILDREN OF ILLEGAL IMMIGRANTS WILL HARM SOCIETY ARE UNSUPPORTED 104
CULTURAL DIVERSITY IS A STRENGTH, NOT A WEAKNESS……………………………………………………………… 105
THE PURPOSE OF THE 14TH AMENDMENT WAS TO ENSURE THAT THERE WOULD BE NO RACIAL OR CULTURAL CRITERION FOR CITIZENSHIP…………………………………………………………………………………………………………………………………………… 106
REJECTING THE SUPREME COURT CASES WHICH ENSURE BIRTHRIGHT CITIZENSHIP SYMBOLICALLY AFFIRMS THE RACISM WHICH MOTIVATED THE POLICIES THOSE CASES OVERTURNED…………………………………………………… 107
REFUSING CITIZENSHIP TO THE CHILDREN OF UNDOCUMENTED IMMIGRANTS OPENS THE DOOR FOR HUMAN RIGHTS ABUSES…………………………………………………………………………………………………………………………………………………………………. 108
DENYING CITIZENSHIP TO THE CHILDREN OF UNDOCUMENTED IMMIGRANTS CREATES A RISK OF EXPLOITATION 109
DENYING CITIZENSHIP TO CHILDREN OF ILLEGAL IMMIGRANTS PUNISHES CHILDREN FOR THE ACTIONS OF THEIR PARENTS…………………………………………………………………………………………………………………………………………………………………. 110
INDIVIDUALS HAVE A RIGHT TO BE A CITIZEN OF THE SOCIETY OF WHICH THEY ARE A MEMBER 111
SOCIAL CONTRACT LOGIC DOES NOT PERMIT THE ARBITRARY DENIAL OF COMMUNITY MEMBERSHIP 112
BASING CITIZENSHIP ON THE PRINCIPLE OF CONSENT CANNOT ACCOUNT FOR DIFFERENTIAL TREATMENT OF THE CHILDREN OF CITIZENS AND NON-CITIZENS………………………………………………………………………………………………………… 113
THERE ARE A VARIETY OF SOCIAL TIES WHICH CREATE A MORAL RIGHT TO CITIZENSHIP…………. 114
BASING CITIZENSHIP ON CONSENT RATHER THAN SOCIAL TIES TO A PARTICULAR COMMUNITY COMMITS THE ERROR OF ASSUMING THAT THOSE IN POWER REPRESENT THE WHOLE OF THE POLITICAL COMMUNITY…. 115
IT IS WRONG TO DENY CITIZENSHIP TO THE CHILDREN OF ILLEGAL IMMIGRANTS WHO HAVE STRONG TIES TO THE COMMUNITY…………………………………………………………………………………………………………………………………………………………………. 116
ELIMINATING BIRTHRIGHT CITIZENSHIP CREATES SUBSTANTIAL ADMINISTRATIVE DIFFICULTIES 117
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If you do not want to order online, and would prefer to send in your order using email, fax, mail or phone, download and print the ORDER FORM.
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