|
Getting your Trinity Audio player ready...
|
[Order Daniel Greenfield’s new book, Domestic Enemies: HERE.]
Terrorists running around cities waving the flags of Islamic terror groups could have easily been removed from the United States, even if they were born in this country, until the 1960s.
That’s when the Warren Court detonated one of the ‘bombs’ buried in the 14th Amendment.
The 14th Amendment, passed during a period of suspension of civil liberties and legal norms after the Civil War, was an example of why the Framers made it so difficult to add amendments to the Constitution and why adding them is usually a bad idea. Unconstitutional, punitive and sloppily written, the ticking time bombs in the 14th in just the past few years were exploited to try and ban Trump from running for office (Section 3), to allow Biden to bypass Congress on spending (Section 4) and to force women to compete against ‘transgender’ men (Section 1.)
But the biggest time bomb in the 14th Amendment was birthright citizenship.
The 14th Amendment had set out to end once and for all the debate about black citizenship that had been argued in cases like the Dred Scott decision by confirming citizenship for former slaves and their descendants. While Section 1 had set out to stop Southern states from suppressing black voters, its sloppy language created the entire civil rights industry and automatically made anyone born in the United States a citizen regardless of anything else.
The pregnant Chinese tourists coming to America to give birth and the illegal alien invaders who cross the border knowing that all they need to do is have a child in this country to become undeportable are the products of a fundamental misreading of the aims of Section 1.
While birthright citizenship is a problem, treason citizenship is an even bigger one.
Even long before the Cold War, laws had been put into place to cope with the unintended consequences of birthright citizenship by closely regulating denaturalization and expatriation.
Up until the 60s, serving in a foreign army, voting in a foreign election or plotting treason would result in the removal of citizenship from any citizen, naturalized or native born, then the ACLU, founded as a Communist front group, succeeded in convincing the Warren Court that the 14th Amendment also protected the citizenship rights of a Communist and of foreign allegiance.
Under decades of Democrat rule, denaturalization became a dead letter, occasionally used to remove immigrants who had committed war crimes, while not applying it even to open enemies. When Anwar Al-Awlaki, an Al Qaeda leader in Yemen, was droned, the Obama administration did not try going through the process of ‘expatriating’ the son of Yemeni immigrants.
The process of removing the Al Qaeda leader’s citizenship should have been straightforward under 8 U.S. Code § 1481 which states that a “person who is a national of the United States whether by birth or naturalization, shall lose his nationality” by such acts as “taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision”, “entering, or serving in, the armed forces of a foreign state if (A) such armed forces are engaged in hostilities against the United States” and “committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States.”
The evidence against Al-Awlaki (pictured above) was overwhelming from his own speeches and statements alone, but the Warren Court had ensured that these had to apply voluntarily and intentionally.
Anwar Al-Awlaki could not lose his citizenship by joining Al Qaeda and calling for the destruction of America unless he announced that he was doing this to renounce his citizenship. The manifest absurdity of this also means that every Al Qaeda, ISIS or Hezbollah Islamic terrorist can call for the destruction of America while his citizenship is protected by the Constitution.
This was not what the 14th Amendment, which specifically legislated (excessively) against insurrection had in mind. Rather than preventing insurrection, the Warren Court had twisted the 14th into protecting it, and not just by domestic enemies, but also by foreign enemies.
The Constitution made little mention of these things because the Framers had not been concerned with protecting the right to citizenship, but with the right to end citizenship.
The British doctrine of “Perpetual Allegiance”, common to all monarchies, held that no one could ever abandon citizenship. That doctrine was the difference between the self-conception of the Founding Fathers as patriots founding a new nation and the British monarchy’s conception of them as traitors. The Declaration of Independence took pains to challenge Perpetual Allegiance that a people have the right “to dissolve the political bands” making them founders, not traitors.
America was not built on the Perpetual Allegiance of one people to a dynasty, but the free-willed allegiance of individuals to a nation. Citizenship had to be by choice and its allegiance could not be free unless it could also be broken. Expatriation, the abandonment of citizenship, was at the heart of the American Revolution during which a majority chose to become citizens of a new nation and a minority did not, and moved to Canada or back to England.
The 14th Amendment unintentionally restored Perpetual Allegiance. The Warren Court and other legal decisions asserted that everyone was a citizen unless they took specific action to opt out. And about the only ones who bother going through the process are trying to dodge taxes.
Anwar Al-Awlaki did not bother “making a formal renunciation of nationality before a diplomatic or consular officer of the United States” and so we could kill him, but not expatriate him.
Recently, Freedom Center Investigates learned that ‘Muhammad’ Tahir Javed, a Biden surrogate, Democratic National Committee deputy finance chair, and top Biden bundler who had “raised over $2M for the Biden Harris transition team”, had become a Pakistani cabinet member.
On the other side of the political aisle, Mehmet Oz, a Turkish national, had become the GOP nominee for the Pennsylvania Senate seat in 2022, and rather than giving up his citizenship in an Islamic terrorist state, had suggested that he might not participate in classified briefings.
The enforcement of 8 U.S. Code § 1481 would have stopped this kind of behavior along with the mobs of terrorist supporters waving Jihadi flags rampaging around American cities.
Article 1 Section 8 clearly empowered Congress to “establish an uniform Rule of Naturalization”. Congress, after much debate, failed to act until much later, when under a reign of leftist terror in the late 19th and early 20th centuries, it used those powers allocated to it by the Constitution to clarify the terms under which American citizens, both native-born and naturalized, might lose their citizenship by aligning with enemy powers and trying to destroy America. The Warren court rolled back this measure to protect Communist activists from Cold War era crackdowns.
Like much of the fallout from the Warren court’s various unconstitutional decisions, the current state of affairs of denaturalization and expatriation remains a self-contradictory mess.
The Warren court’s absolutist position that Congress has no right to remove citizenship under any circumstances because of the 14th Amendment (even though the 14th Amendment was meant to prevent states from treating former slaves as non-citizens) is not actually the case because denaturalization is still occasionally implemented for war criminals. If ex-Nazis and others who lied on their immigration forms can be denaturalized for committing fraud, then Congress still has the power to strip away citizenship from particular individuals.
But even the “constitutional right to remain a citizen” supposedly created by the 14th Amendment according to the Warren court does not preclude the removal of it when appropriate on the basis of individual actions. That is how the First Amendment is implemented in prisons.
The failure to clarify and pursue expatriation has been a legislative and judicial failure.
After 9/11, the federal government and the conservative judiciary should have intelligently dissected the obvious contradictions from that era and revamped a workable denaturalization and expatriation policy. Instead the same system that tried and failed to uphold treating enemy combatants as such hardly even bothered to bring back comprehensive expatriation reform.
The Islamic terrorist supporters rioting in our cities are the result of these post 9/11 failures.
The legal basis for deporting non-citizen terrorist supporters is fairly straightforward and needs to be implemented immediately, but there is also an accompanying need to address the growing number of ‘enemy citizens’ residing in this country. Generations of open borders and mass migration has made it possible for many Islamic terrorist allies to be born in this country.
Birthright citizenship and treason citizenship remain major obstacles to securing the nation.
While the birthright citizenship problem posed by the 14th Amendment is not as easily dealt with, the legal infrastructure to deal with treason citizenship is already in place. What is needed is the will to deal with it before terrorist supporters stop being a minority and become a majority.
We need a fresh Constitutional Convention.
If 38 states agree to it, it will happen.
Americans would be forced to argue their individual true interests if it were to take place,…..and would quickly discover the first principles they (mostly) have in common.
Here is an example….
A new first amendment which guarantees freedom or all religions, or atheism, with no state establishment of any particular church…..except Islam and cannibalism, which are banned.
Another example….
Correcting the abuses of the 14th amendment listed in this article.
A new constitutional convention, at this point in American history, would be disastrous, it would spell the end of what is left of freedom and capitalism in the USA. It would spell the end of the USA as even the semi-free country which it is now.
The philosophical-cultural foundation for liberty, individualism, and capitalism, isn’t there anymore. It wasn’t completely there in 1776, that’s why there were and still are flaws in the Constitution.
(Take note, self-preservation, individual liberty, individualism, capitalism, and the pursuit of personal happiness, are based on an ethics of rational, SELFISH, egoism. Not Judeo-Christian altruism.)
That’s one of the disastrous flaws of conservatism, the claim that all America has to do is go back to the original Constitution and everything will be perfect. Slavery was part of the original Constitution and that led to the Civil War.
The USA was born in a specific historical period, the Age of Enlightenment, no other historical period could have given birth to the USA. But take note, the necessary philosophy for freedom in complete form did not exist yet, even then. That’s why the Age of Enlightenment could and did give birth to the American Revolution and its opposite, the French Terror.
“Despite the claims, then and since, about its Judeo-Christian roots, the United States with its unique system of government could not have been founded in any philosophically different period. The new nation would have been inconceivable in the seventeenth century, under the Puritans, to say nothing of the twelfth—just as, the power of tradition apart, its selfish, absolutist individualism would never survive a vote today (which is why a second Constitutional convention would be a calamity). America required what the Enlightenment alone offered: enlightenment.” – Leonard Peikoff, “Objectivism: The Philosophy of Ayn Rand”
If an Article V Convention of State takes place and shuts you down then I am all for it.
An Article V Convention of States would be a good idea, as it is constrained to the limited set of amendments states have agreed to consider; a Constitutional Convention would not, as it would be unconstrained.
Writing exceptions to freedom of religion is like writing exceptions to freedom of speech. Exceptions mean there’s no freedom. Sharia is already precluded by the Constitution if we simply follow it.
And yet sharia is planted in Michigan…
I wonder just how effective such a convention would be. It’s not unlike a government convening to establish the parameters for a fire department while their city is in flames.
Anyone who support Terrorists are themselves Terrorists and should all be deported we start with George Soros and his Open Society and his Son as well
Thanks Daniel, excellent coverage !!!
Yes. A concise exploration of the subject.
Thank you.
Meanwhile the millions who are “employed” by the state create new laws and regulations and rules and procedures and write reports that nobody reads.
Why after hundreds of years of law making do we need more laws?
when did anyone in government ever conclude they have enough power?
Depends on the ones in power.
George Washington handed over his power after our war for Independence.
Then, after setting the high bar for high office, of truncating power to only two terms, he set the bar beyond himself. (Thank God.)
There’s a reason they were renowned as our Founding Forefathers.
Our esteemed universities are busily removing as much knowledge of that history as possible.
(I think we both hope for a return to that ethos)
Lawmakers make laws basically to keep themselves employed. Statesmanship has little to do with it.
When I was a teenager in the South I remember roadside billboards with the slogan “Impeach Earl Warren” every few miles while riding down the highway.
Ahu Shucks! It didn’t work.
It wasn’t JUST Earl Warren! There had to be at least FOUR other TRAITORS making these INSANE interpretations of Our Constitution! Maybe a lengthy article about WHO joined Warren in his ASSAULTS on Our Nation would be enlightening! Reckon any of the CURRENT DEMOcrat misfits are DESCENDED from them??
One thing for sure, Our Nation will be a much better, safer, SANER, and EQUAL Nation without DEMOcrats in charge! The R’s need to return to COMMON SENSE and DECENCY and stop being “we’re not DEMOcrat crazy”!
Too many Rs are RINOs. Look at the Senate. The House. RINO Ryan. Liz C. Oh there are many more. What we need is legislative, 12 year LIFETIME term limits. Maybe someone could slip that into a 5000 page bill that when passed, we’ll find out what is in it.
I vote for the most Conservative candidate.
Indeed. The Warren Court was defined by Warren, but he was far from the only one.
Douglas (sp?), Brennan.p (sp?), Fortas ..?
What’s even worse is… we have immigrants holding political offices trying to make it easier for more immigrants to hold political offices…
With goals and ambitions to help their ethnicity…
Laying the foundation for satanic islam to take over…
“Ethnicity [or religion] is not a valid consideration, morally or politically, and does not endow anyone with any special rights.
[In a free country, no man, can gain any special rights by joining any religion or no religion.]
What are the nature and the causes of modern tribalism? Philosophically, tribalism is the product of irrationalism and collectivism. It is a logical consequence of modern philosophy. If men accept the notion that reason is not valid, what is to guide them and how are they to live?
Obviously, they will seek to join some group—any group—which claims the ability to lead them and to provide some sort of knowledge acquired by some sort of unspecified means. If men accept the notion that the individual is helpless, intellectually and morally, that he has no mind and no rights, that he is nothing, but the group is all, and his only moral significance lies in selfless service to the group—they will be pulled obediently to join a group. But which group? Well, if you believe that you have no mind and no moral value, you cannot have the confidence to make choices—so the only thing for you to do is to join an unchosen group, the group into which you were born, the group to which you were predestined to belong by the sovereign, omnipotent, omniscient power of your body chemistry.
This, of course, is racism. But if your group is small enough, it will not be called “racism”: it will be called “ethnicity.” – Ayn Rand
What we have to be concerned with is…
The more satanic worshiping muslims that take office… the more satanic worshiping muslims will take office…
With objective of instituting Sharia Law… through terrorism…
The Religion of Peace… is only peaceful to… to… to… nobody. They even kill themselves…
So what are you going to do about it?
Are you of the opinion that “voting in a foreign election” should be grounds for removing a person’s US citizenship? You sure about that?
Historically it was. Why shouldn’t it be?
You think all the American Jews who vote in Israel’s election should lose their citizenship?
No one should be voting in foreign elections. Those laws haven’t been enforced in generations, going forward they should be made clear and enforced.
For that matter, no one should have dual citizenship, even if both countries have been the best of allies for generations.
Imagine having dual marriages, polygamy anyone? You can’t serve two masters, two spouses, or two nations.
in the past dual citizenship was maintained by treaties with selected countries
I have no problem with American Jews choosing to live in the Sovereign Nation of Israel. We are sorry to see them go and wish them all the best. But American Citizenship should not be an Insurance Policy in case they change their minds. All Americans in Israel should be totally committed to supporting their new home where Israeli citizens have sacrificed so much in blood, sweat and tears decade after decade to make that desert bloom. They must stay there and ” pledge their lives, their fortunes and sacred honor” to Israel, just as our Founders did in America. They had NO escape hatch, NO Dual Citizenship in their hip pocket and why we allow Dual Citizenship here in America today defies common sense. As we see more and more Hamas-loving Traitors enjoying US Citizenship we must stop allowing American Citizenship Papers to be passed out like door prizes to anyone who walks across our Open Border! If we don’t protect ourselves, who will??? PS. (Our Federal Military is not allowed to protect US Citizens in our Homeland except in cases of open Rebellion, see Posse Comitatus Act of 1878. Seems our Federal Military is only used to fight Foreign Wars, which is why it is so vital we keep our 2nd Amendment. National Guard and Coast Guard are permitted to protect US and God bless them all.
Yes, I do and why not? These Americans have chosen to become Israeli Citizens and their total commitment and loyalty should be to their new Homeland. That applies to ALL who hold Dual Citizenship in the US or anywhere in the World, not just to Jews. Surely one would think that Israel would prefer that the 200,000 Americans living in Israel today were 100% Israeli Citizens who voted for Israel’s best interests only and served in the IDF. Frankly, I have had friends over the years who moved to Israel and came right back when the going got tough and I have no respect for that. One does not “dabble in Israel” and run home to Mama ! Israel is too important a Haven for the Jews of the World, to be treated so callously. Sorry if that seems harsh, but I just don’t think it’s right that we have to leave the light on for you….
“The Constitution made little mention of these things because the Framers had not been concerned with protecting the right to citizenship, but with the right to end citizenship.”
That’s just plain incorrect, Danny.
If you actually knew any history, you would know that the debate about ending citizenship was far more crucial at the time.
Turkey is a “terrorist state”? Care to explain?
Any country with a 99.8 muslim majority is a terrorist state…
Unless… you don’t believe muslims follow the satanic quran?
Maybe you could get permission to drop a bomb on them.
Turkish President Recep Tayyip Erdogan said on Saturday that Ankara “firmly backs” Palestinian terror group Hamas amid its ongoing war with Israel in the Gaza Strip, triggered by its October 7 killing spree across southern Israel.
“No one can make us qualify Hamas as a terrorist organization,” he said in a speech in Istanbul. “Turkey is a country that speaks openly with Hamas leaders and firmly backs them.”
https://www.meforum.org/7078/erdogan-no-moderate-islam
In 2009, when Sudanese paramilitaries committed acts of genocide against the population of Darfur, and Sudan’s president, Omar al-Bashir, was guilty of the crimes for which he was indicted by the International Criminal Court, Erdogan simply said: “It is not possible for those who belong to the Muslim faith to carry out genocide.”
So you’re supporting the preposterous claim that Turkey is a terrorist state by pointing out that 1) the president of Turkey expressed support for Hamas and 2) that Sudanese militants committed genocide in 2009 (?????????). Uhhhhhh… not your best argument.
I’m wasting my time talking to a troll, but look up Turkey’s past with Jabhat al-Nusra also known as Al Qaeda.
When people tell you who they are… believe them!
“Decades of Democrat rule”? Since the 1960s??? I’m pretty sure there were a couple of Republicans in there somewhere….
“The legal basis for deporting non-citizen terrorist supporters is fairly straightforward.”
You’re funny.
“You’re funny”
and you’re a pathetic, vacuous reprobate!
Wow all of the nut cases in one commentboard thread……THX, sumsrent and Mickorn. It’s like hitting the troll jackpot.
You’re so stupid…
Obviously an influx satanic worshiping muslims entering our Country is gonna flip the dynamics of America…
Who likes terrorists? Only you… aye? And your satanic fake ELCA church, which worships the fake god allah…
Ugh… you’re ignorant…
Tell us… is allah #1…
I don’t think I’ve seen any one so paranoid about a non-existent problem, made up in your own warped mind.
The funny thing is, at my church, there is no mention of allah….ever. I always wonder, what do goofs like you really do to fight this “satanic menace” besides whine and moan. You are the only one who ever talks about it.
I can only assume that, when push comes to shove, you won’t be around to do any of the fighting. But like your whack compatriots THX and Mickorn, all you can manage is the same stupid post everyday.
Until you realize that everything taking place in this world revolves around satanic islam growing to become the Antichrist Beast system…
Nothing will make sense to you…
Get this Intrepid… YOU confessing that you’re using your satanic fake church as a way to pick up women… <<< Is despicable…
So what are you going to do about it?
The false concept of “birthright citizenship” is a fraud. A figment of sich imaginations.
READ that 14h Article of Ammendment again. It says words to the effect of “bring presentwithin the terriroty of the US AND SUBJECT TO THE JURISDICTION THEREOF.
Slipping inside this country illegally and dropping a baby whilst here is NOT “subject to the jurisdiction thereof”. The very presese conrary to law renders the person N DIRECT REBELLION to the jurisdiction thereof. The law as written is valid.ENFORCE it as intended.
Coming to the USA was once the highest of opportunities for those wishing to live in freedom and for whom taking complete responsibility for themselves and their families was without question. The immigration process was vigorous and no one who came was allowed to bring illnesses into the country, political allegience to a foreign nation and anyone accepted to stay here had to have a sponsor providing shelter and food as no one was allowed to live off of the American taxpayer. It seems self evident that we are now living in a multicultural mess where those seeking the shores of America either come illegally in violation of federal law, or come with self-serving religious and political agendas inherently traitorous to becoming an American.
Our Constitution, without a culture adherent to the rule of law, is like a ship without a captain; sooner or later the impact of sailing in tumultuous waters will result in a catastrophe and our great nation…I am also for sending those born in America whose emotional fealty is with terrorists to those nations. Let their learned stupidity find harbor with those who will readily remove all freedoms from them using the same lawlessness they passionately approved of while a citizen here.
The leftist version of birthright citizenship is nothing the 14th amendment’s framers envisioned. No Congress or Supreme Court has ever conferred such a right. SCOTUS has said repeatedly the main purpose of the citizenship clause was to confer civil rights on freed black slaves. Sixteen years after the amendment was ratified SCOTUS held that an American Indian was not a citizen of the US despite being born here, because he was a member of an Indian nation and therefore failed the jurisdiction test. This wasn’t changed until Congress passed the Indian Citizenship Act of 1924. So in the minds of non-leftists simply being born here was insufficient to grant automatic citizenship. Children of diplomats cannot claim US citizenship even if born here. Granting citizenship to children of legal immigrants who are not US citizens didn’t happen until 1898. It might be misguided by at least there’s a SCOTUS decision on it. But at least it applies to legal immigrants. Claiming an ILLEGAL immigrant can sneak in and drop a baby, thus granting it citizenship, is a twisted logic. The only SCOTUS reference to birthright citizenship occurs in a 1982 footnote by Justice Brennan, commenting that he could see no difference between a child born to an American citizen and one born to an illegal alien (he was to leftists to notice the legal vs. illegal difference). Footnotes are dicta—having no legal force or effect—but leftists have exploited Brennan’s partisan idiocy ever since. Congress could clear things up once and for all by passing a law that clearly ends the bogus notion of birthright citizenship. But until that happens no president is obligated to recognize it because it was not the intent of the 14th amendment framers, SCOTUS has never made a ruling on it, and no immigration law passed by Congress grants it.