I apologize for the length of this post, but it has become necessary to try and nip this crap in the bud...
The statement on meme, followed by a seemingly innocent question, has been making the rounds on Facebook as of late. About 80% of the responses I see are nothing but emotional, parrot replies. The number of people who have such a shallow understanding of their own Constitution is bothersome to me. Everyone wants to follow the constitution until it protects something they don't think needs protecting.
The statement, "They entered the country without due process..." is true, assuming that the statement is referring to foreign nationals crossing our border illegally.
However, the question that follows is the real issue here. On its face, it is innocent enough, but I figure it was asked more as a challenge or to misdirect well-meaning patriots.
The confusion comes from the lack of understanding of the meaning of the 14th amendment.
The relevant part of Sec. 1 of the 14th amendment reads as follows...
"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."
"...and subject to the jurisdiction thereof..." is where the bulk of the confusion lies. Only adults are subject to American jurisdiction, and then, only if they were born in the US or naturalized into the US. Otherwise, they are under the jurisdiction of their home country, as are their children. If that phrase had been left out, every baby born in this country would automatically be a citizen, and that is most assuredly NOT what the founders intended!
Like so many other things, this truth has been abused and perverted, making it into something it is not. No, Chinese, or Mexican or Canadian or whatever women cannot LEGALLY and CONSTITUTIONALLY come to the US and have babies, then go home and have those babies return and go to college as American citizens.
Now, back to the innocent question. Why do illegals deserve due process...?
The Founding Fathers, in their infinite wisdom, created a constitution like no other in the world. They realized that ALL men had certain unalienable rights that needed the protection of that Divinely inspired document, when on US soil. There's not one place in that document that mentions only citizens as having rights. The Supreme Court of the United States has confirmed this at least 8 times between 1903 and 2021, each time clarifying it even more for those who had difficulty understanding the concept of freedom and liberty.
Illegal aliens, like any other criminals, lose certain protected rights due to their criminal activities, like the right to keep and bear arms and to vote.
However, they do NOT lose basic rights like their right to due process or a fair and speedy trial, or the right to counsel, nor do they lose protection against cruel and unusual punishment and others. In a nut shell, there are certain human rights that are "endowed by our Creator" that are constitutionally protected, regardless of one's legal status in the country.
THIS is one of the things that makes this country so beautiful!
Do the Alien and Sedition Acts of 1798 supercede the 14th Amendment?
Excellent question and the answer is arguable. First it is not the Alien and Sedition Act. It is plural. As it was written, there 4 different acts under different names. 3 of them no longer exist. The 4th, The Alien Enemies Act, as it is written, is only enforceable during times of war. It doesn't say "declared war", so Trump may be successful in arguing that the mass invasion of illegals, is indeed, a war.
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