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ARIZONA INITIATIVE I-13-2008


 

A birth certificate registered by a state government has come to be accepted as a document proving legal United States citizenship. By registering birth certificates for all persons born within the state, Arizona’s registrars are bestowing a presumed citizenship upon many persons who do not meet all federal requirements of citizenship.

 

The Birthright Citizenship Alignment Act,

when enacted, will bring the State of Arizona into compliance with federal birthright citizenship law. It will prohibit the state from registering a birth certificate for any child born in the United States to parents who are subject to a foreign power, to parents who do not their owe their direct and immediate allegiance to the United States.

 

 

Two federal laws address birthright citizenship. Both were written after the Civil War to ensure civil rights for freed slaves.

 

The Civil Rights Act of 1866

… all persons born in the United States

and not subject to any foreign power,

excluding Indians not taxed, are hereby declared to be citizens of the United States

 

The Fourteenth Amendment, Section 1

 

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.

 

During the Senate debate for passage of the 14th Amendment, argument was made that inclusion of the phrase “subject to the jurisdiction thereof” specifically clarified that:

 

“This will not, of course, include persons born in the

United States who are foreigners, aliens,” et al.

Senator Jacob Howard, Michigan

 

In 1884 the Supreme Court (in Elk v Wilkins) ruled that:

“subject to the jurisdiction thereof” means

“owing direct and immediate allegiance to the United States.”

 

 

 

In the years after the 14th Amendment was ratified, many persons born within the United States were not granted citizenship. Notably, Native American Indians for nearly sixty years following ratification were not granted citizenship because they were subject legally to the jurisdictions of their respective tribes.





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  :: U.S. Constitution Document Images  :: Official Site of the U.S. Constitution  ::  Dee Montgomery's Personal Page  ::  View a Copy of the Initiative   :: 
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