The Quasi-Citizenship of Women and Immigrants

In today’s American life, -far removed from our founding, -from the principles of our Revolution, a wide-spread ignorance exists, but it does not exist in a vacuum because knowledge has been replaced by the substitute of misconception.  One of the biggest, if not the biggest, is the idea that the 14th Amendment citizenship clause makes it national law that all persons born in the United States are U.S. citizens.
That is the assumption in everyone’s mind in all walks of American life, and yet it is wrong.

One cannot understand why it is wrong, nor understand the 14th Amendment without understanding history, tradition, natural law, United States law,  psychology and the reality that together they establish.  The awareness of that reality is lost, and has been lost for a very, very long time.

The heart of understanding that reality is found in  the meaning of jurisdiction mentioned in the amendment.  Without that understanding, which everyone lacks, it is not possible to understand the amendment.  Jurisdiction must be fully understood in all of its implications, -implications for males, for females, and for foreigners.

Citizenship is intimately connection to the issue of jurisdiction in two ways.  One is a natural connection and the other is a legal, imposed connection.  Both are tied to responsibility, -social and national responsibility.  Some are more capable of shouldering a certain responsibility and that made them the vanguard of freedom and/ or survival, and they have been such since the before the dawn of human civilization.  They are the males of the species.

The strength of men has always been the spine and backbone of clans, tribes, societies, and nations, and that fact resulted is a greater role in civic life when it came to decision making.  From the town council to the national Parliament, men were the only decision makers because men had always been the only warriors.  Their membership in councils and communities and nations was a full membership.  But those they were responsible for, -their women and children, were subjects of the husbands and fathers who ruled over them just as the King ruled over the men.  That was life.  That was tradition.  That was the way it had always been since before anyone could remember.
So the men-folk were the primary members of the body politic and the women-folk were their supporters.  The men-folk had the responsibility to run things and the women-folk had the responsibility to support them and to raise the children.  Thus, their membership in the body politic was secondary, ancillary, in effect it was partial and not anywhere near being full membership.
Every generation experiences a period of extended peace, and during that time men are not warriors and so women do not have to support them as such.  In that atmosphere of peace, women wonder what the heck the big difference is between them and the men-folk that results in them having all of the power and they having very little.
They, upon reaching a certain stage in life, begin to question the partiality of their membership in the civic life of their community and their nation.
They become aware that their membership, their citizenship, is merely partial, and more of a pretense than a reality and so they press for equality.  Equality is what the Constitution requires for them, or not.  Some rights are not mentioned in the Constitution of the central government because they were issues of the semi-sovereign States which had their own Constitutions.
The more such aware-women considered their situation, the more they realized just how unequal they were with men.  The nature of and reason for that inequality is very significant but to understand the real meaning of the jurisdiction requirement of the 14th Amendment, (which is key to citizenship based on native-birth) it is best to not focus first on American women but on foreign men.  They provide the starkest illustration of what it was all about.
How exactly do foreign men figure into the 14th Amendment’s citizenship clause, which is: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.”?   That is the question that no one has thought to ask, and thus no one has arrived at the answer, which is very, very, significant.
It provokes two more questions: “what is jurisdiction and how does one become subject to it?”  The answers to those questions reveal the truth about the basis of native-born legal citizenship.  The answers to   those unasked questions have been unearth and can now be shared.
○    A Husband & wife + conception & birth = a natural child of the parents.
○    A citizen husband & citizen wife + conception & birth = a “natural citizen” child.
○    An American husband & American wife + conception & birth = a natural born citizen child.
○    An immigrant husband & immigrant wife + conception & birth = a native-born U.S. citizen.
○    An American husband & “immigrant alien” wife + conception & birth = a native-born U.S. citizen.
○    An American husband & “non-immigrant alien” wife + conception & birth = a native-born U.S. citizen.
○    A “non-immigrant alien” husband & American wife + conception & birth = a native-born foreigner.

Why is the child of a non-immigrant alien father not a native-born U.S. citizen?  Because of the meaning of 14th Amendment “jurisdiction”  His sons are only subject to the jurisdiction that he is subject to because children are not subject to any jurisdiction (authority) other than that of the father himself.  If they are born and raised in their foreign father’s homeland, then through him they are born subject to the same authority that he is subject to, and  will grow up to one day be subject to it not just in a latent theoretical way but in a very literal way when and if they receive a draft notice that conscripts them into the military.
There’s a principle that must be understood in order to understand the full implications of federal jurisdiction, and that principle is that those who are young adult male members of a society shoulder the responsibility to defend their family, their society, and their nation.  They inherit that responsibility from their fathers who shouldered it before them going back generations.  They are under the full jurisdiction of the national government which in order to preserve the nation and its freedom, can use them as instruments of war in contests with foreign enemies.
Their mothers and sisters, -wives and daughters are not under that jurisdiction and do not pass it to their children.  But that jurisdiction is not limited to only the natural male citizens of a nation since they are not the only male members of the nation.  Foreign immigrants bring their foreign-born children with them to America, and such men, as well as their American-raised sons, share the responsibility to defend their adopted nation and therefore are required to register during their younger adult years with the Selective Service for the possibility of being called into the U.S. military during a national emergency.
But if their foreign homeland suffers a dire emergency of national threat, it may call them to return home and serve their homeland in its defense.  It has a right to do that because they are still members as long as they are not Americans.  So they have a dual subjection to two nations, with their adopted land and home having the primary right to their service.
But there are adult males in America of military age over whom the national government has no such jurisdiction and the reason is that they are not members of American society since they are merely guests.
They are present in the United States solely by the permission of a visitor’s Visa Card and not a permanent resident’s Green Card.  They are not required to register with the Selective Service because they are not subject to American military service.
They are not subject to the conscription authority of two nations because the one that they are currently visiting or temporarily working in or studying in is not their home and so their stay here has an expiration date.  Then they are gone, -back to their foreign home.
So, since they are not subject to the full jurisdiction of the American government, they cannot father a son who is subject because subjection flows through the father.  The child only becomes subject if it is a son and remains in the United States up to and through its 18th birthday.  At that time it becomes a sort of quasi-citizen, or partial-citizen like foreign-born children of immigrants who haven’t become American citizens.  At eighteen they are still not citizens but they share the responsibility of citizens when it comes to national defense.  They are required to register.
To get the full picture, lets look at the many various possibilities regarding subjection and foreigners.
A young foreign legal-immigrant male resident is required to submit to military conscription if called.
A young foreign-born but American raised son of legal immigrants is required to serve if called.
A young foreign male who is not a resident is not required to serve nor even register.  He is a guest.
A young foreign female, even if a permanent resident, is not required to serve nor to register.
A young American female is not required to serve nor to register.
What picture do these facts paint? : The young are required to defend the old.  The adults are required to defend the young.  The males are required to defend the females.
The young male adult members of American society are the only persons fully subject to the authority of the national government.  They bear the fullest responsibility of citizenship.  Foreign guests bear no responsibility of citizenship except toward their own foreign nation.  Since they are not subject, their sons are not subject either, even if born on U.S. soil since subjection flows from father to son via natural political-social inheritance of the father’s position and role in society.
What did the authors of the 14th Amendment declare as being the meaning of what “subject to the jurisdiction thereof” means?  They defined it entirely in terms of its predecessor, -the Civil Rights Act of 1866 which states that all persons born in the United States, and not subject to any foreign power, are citizens of the United States.

Obviously, one’s subjection to the authority of their own nation does not end merely due to traveling abroad.  Nor, equally importantly, no government on Earth asserts the authority to conscript foreign citizens who are merely visiting and not living as permanent residents in their nation.

Let’s do something one would normally never do, and present North Korea as a civilized example.  The North Korean government would never even consider that it has the authority to draft foreign visitors, such as musicians or reporters, into the North Korean Army.  Even to North Koreans, that would be insane.

It is equally insane to assert that the U.S. Government retains the right to exercise such authority over its foreign guests thus making them subject in the most fundamental manner possible to its authority.  Without that subjection, a father’s son is not subject either because children are not directly subject to government until they are old enough to commit crimes which they know are crimes, but even that is merely civil subjection to society’s laws, which all humans are subject to, including foreign diplomats.  [even though they are merely immune from prosecution.]

To summarize:  American parents give birth to natural citizen children who inherit their parents’ nationality.
Immigrant parents give birth to legal American citizen children whose citizenship is 100% dependent on meeting the requirements of the 14th Amendment which include native-birth and the real meaning of “subject to” and “the jurisdiction thereof”.
One’s relationship to the United States government at birth is determined by the status of the father.

Was he an American or a foreigner?

If he was a foreigner, was he an immigrant or a non-immigrant?  If he was an immigrant, was he a legal immigrant or a non-subject illegal immigrant?
If he was a legal immigrant then his children will meet the requirements of the 14th Amendment and by being born in the United States will be granted citizenship from the day of their birth.

Here’s a thought to ponder which I’ve never posed before:  “If an assaulter causes the death of a pregnant immigrant’s unborn 8 ½ month old gestating infant, is he guilty of murder?  Is the child an American citizen before birth?  Philosophically it is not a citizen until it is born, at which point in time it becomes a citizen at birth.   But if the same thing happens to an unborn infant with American parents, it is an American citizen before it is born regarding murder statutes.  But no doubt, such statutes actually relate not to citizenship but to the issue of “human, or not yet human?”
But consider the fact that in the United States we allow abortionists to commit infanticide as long as it is done before the child fully emerges from the womb.
If the killing of a human infant based on mere inches of occupied space can be so legally arbitrary, it is for certain that legal citizenship can be just as legally arbitrary, and be based on the same authority, -that of a split Supreme Court opinion,-both of which tossed out the court’s own stare decisis, -prior precedence, and made majority rulings that were forced on the nation as the new law of the land without the approval of the U.S. Congress.
No such court holding can affect natural born American children because their citizenship is natural citizenship resulting from natural transmission, and not a legal or constitutional benevolence of law or judges.

Visa Card visitor→Green Card resident →naturalization applicant →Oath of Allegiance & Renunciation →new legal citizen of the United States by statute.

Green Card resident father, → native-born child , → new legal citizen of the United States per the Supreme Court interpretation of the 14th Amendment.

American father & mother → new natural born citizen of the United States per no law but natural law.

by adrien nash August 2013



About arnash
“When you find yourself on the side of the majority, it’s time to pause and reflect.” - Mark Twain - Politicians and diapers - change 'em often, for the same reason. "Government is like a baby. An alimentary canal with a big appetite at one end and no sense of responsibility at the other." Ronald Reagan "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." William F. Buckley, Jr. “The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt.” - Bertrand Russell The people are the masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow the men who pervert it. Abraham Lincoln “Good people sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.” - George Orwell “Satan will use a lake of truth to hide a pint of poison”.

One Response to The Quasi-Citizenship of Women and Immigrants

  1. Still flogging the birther crap, I see, and still nobody cares.


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