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Understanding the Constitution: How States May Respond to Illegal Immigration, Part V: About Birthright Citizenship

By Rob Natelson

 

Commentary
Part I, Part II, Part III, and Part IV of this series on how states may respond to illegal immigration summarized war powers retained by the states. Those installments explained how states can use those powers to check illegal entry at the southern border.
This series is based on an academic study researched and written with Massachusetts legal scholar Andrew T. Hyman and scheduled for publication in the British Journal of American Legal Studies.

This fifth and final essay recounts what we discovered about (1) the Constitution’s words “natural born Citizen” and (2) the claim that U.S.-born children of illegal immigrants are “birthright citizens.”

‘Allegiance’

To determine the scope of state war powers, we had to explore a difficult legal term called “allegiance.” Most Americans encounter that word only when pledging to the flag. However, “allegiance” is chock-full of legal meaning and deeply rooted in Anglo-American and international law.

Under a monarchy, the king and his subjects have reciprocal obligations. The king must defend, and the subject must obey. The subject’s obligation is called “allegiance.”

Before America declared Independence in 1776, the colonists were subjects of the British Crown and owed allegiance to the king. A colonist might be a subject because he or she was born within the British Empire. Or the colonist might have been foreign-born but naturalized as a subject.

Even non-naturalized foreigners could be British subjects. If a foreigner was living or visiting legally in the British Empire (including the North American colonies), he owed “local allegiance” to the Crown for the duration of his stay. This meant that the foreigner had a duty to obey local law while within the empire, even if his primary allegiance was to his homeland.

A foreigner from a friendly country legally staying in the British Empire and subject to local allegiance was called an “alien friend.”

But if you entered the empire illegally, or your nation was at war with Great Britain, then you were an “alien enemy.” Unless you received special permission to stay, you weren’t in allegiance to the British Crown. You could forfeit your property and be forced to leave the country…

READ FULL ARTICLE HERE… (theepochtimes.com)

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