Earlier today, under pressure from a federal judge and the ever-officious immigration law profession, the state of Texas entered into an agreement in which illegal alien parents will be allowed to present state hospitals with Mexican voter ID cards and obtain birth certificates for their children. Last year, a group of illegal aliens, with the help of the indefatigable immigration legal groups, sued several Texas counties for requiring valid U.S. identification in order to be granted birth certificates for their children.
Nothing violates the sovereignty of a nation more than the practice of foreign nationals immigrating illegally, unilaterally asserting jurisdiction, and obtaining citizenship for their children against the national will. What is worse than the political practice is the legal rationale of the courts, which are enshrining the birthright citizenship loophole jurisprudence into the 14thAmendment of the Constitution, thereby stripping the people of the ability to even deal with this problem prospectively. The citizenry has been disenfranchised from determining its own destiny. This case was one of the defining events that prompted me to write Stolen Sovereignty, which is really a double entendre detailing how both our national sovereignty has been stolen and our individual sovereignty to even fix the problem has been stripped by the unelected courts. Although U.S. District Judge Robert Pitman never rendered a decision on the case, his opinion in the request for a preliminary injunction clearly indicated that he believes illegal immigrants have a 14th Amendment right to automatic citizenship and that…you guessed it…the Equal Protection and Due Process clauses of that same amendment guarantee it.
In chapter 4 of Stolen Sovereignty, I lay out the comprehensive legal and historical case proving conclusively that the 14th Amendment, which was designed to prevent black Americans from being disenfranchised, cannot be used to disenfranchise the entire country at the hands of those who violate our sovereignty. There is 100 years of the most inviolable settled law establishing that those here without consent of the people, as reflected through congressional immigration statutes, are considered to be physically outside our borders and do not meet the threshold of “subject to the jurisdiction” which triggers automatic birthright citizenship.
At its core, protecting our sovereignty and franchise from such social transformation without representation is what has attracted many to the candidacy of Donald Trump. Yet, if we don’t strip the courts of jurisdiction over issues pertaining to illegal immigration, almost every judge will strike down such a change by Congress or an administration. Almost the entire legal profession, including the much-vaunted “conservative” jurists, believe in this corrupted interpretation of the 14th Amendment. As I note throughout the book, the misinterpretation of four clauses in that amendment alone are reason why we will never fix the courts by merely appointing Republican judges. The courts must be reformed by Congress, and birthright citizenship is a great issue over which Congress must assert control, given that they already have plenary power over citizenship.
When coupled with the 5th Circuit’s opinion to gut Texas’s voter ID law, it is becoming apparent that if nothing is done to reform the judiciary soon, the court’s will not only have the final say over every domestic political question, they will have the final say over issues pertaining to sovereignty and protecting the franchise from foreign nationals. Not only are the courts contorting fundamental rights among protected classes of Americans, they are granting citizenship rights to illegal immigrants against the consent of the people, in itself a violation of popular sovereignty expressed in the Declaration of Independence – governance by the consent of the governed. They are violating the very foundation of the social compact – that new members can only be added with the consent of the existing society.
I encourage you to arm yourself with the facts about our immigration law and history as it relates to the Constitution by ordering Stolen Sovereignty. Foreign nationals do not have an affirmative right to violate our sovereignty and obtain citizenship benefits for their children; nor do they have the right to sue us in court for affirmative privileges. And the judiciary most certainly does not have the power to overrule Congress on any issue pertaining to immigration law. More than any other area of law, the issue of birthright citizenship is the poster child for why Republicans must focus on stripping the courts down to size rather than the fool’s errand of trying to fix the illegitimate system.
The legal profession has violated the individual, state, and national sovereignty of our people and their inalienable right as a society to determine their own destiny. As I wrote in chapter 5 of Stolen Sovereignty:
What a tragic end to our constitutional system of governance as unelected judges are now violating the sovereignty of our nation by granting illegal immigrants all the benefits ascribed to “the people” in the Constitution. How ironic that the preamble of the Constitution, declaring “we the people,” was authored by Gouverneur Morris, an early advocate for American sovereignty and consent-based immigration. [i] It could truly be said that the lawlessness of the modern courts could not possibly drift further from the intent of the Founders than it already has in respect to immigration.
The path to true immigration reform runs through judicial reform, an unavoidable remedy that must be pursued if we are to remain a representative democracy and a sovereign nation.
[i] Morris said at the Constitutional Convention in 1787: “Every society from a great nation down to a club had the right of declaring the conditions on which new members should be admitted, there can be room for no complaint.”
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Daniel Horowitz is a senior editor of Conservative Review. Follow him on Twitter @RMConservative.