Monday, October 20, 2014   

Birther Bill

There has been a lot of talk about creating a bill that aims to take away the automatic citizenship for children born to non-citizen parents. It now appears that the language to be used in the bill has been drafted as follows:

BILL

(a) A person is a citizen of the state of [Arizona] if:

(1) the person is born in the United States and subject to the jurisdiction thereof, and

(2) the person is a resident of the state of [Arizona], as defined by [state code § xyz],

(b) For the purposes of this statute, subject to the jurisdiction of the United States has the meaning that it bears in Section 1 of the Fourteenth Amendment to the United States Constitution, namely that the person is a child of at least one parent who owes no allegiance to any foreign sovereignty, or a child without citizenship or nationality in any foreign country. For the purposes of this statute, a person who owes no allegiance to any foreign sovereignty is a United States citizen or national, or an immigrant accorded the privilege of residing permanently in the United States, or a person without citizenship or nationality in any foreign country.

(c) In addition to the criteria of citizenship described under sections (a) and (b), a person is a citizen of the state of [Arizona] if:

(1) the person is naturalized in the United States, and

(2) the person is a resident of the state of [Arizona], as defined by [state code § xyz],

(d) Citizenship of the state of [Arizona] shall not confer upon the holder thereof any right, privilege, immunity, or benefit under law.

STATE COMPACT

(a) The signatories to this compact shall make a distinction in the birth certificates, certifications of live birth, or other birth records issued in the signatory states, between persons born in the signatory state who are born subject to the jurisdiction of the United States and persons who are not born subject to the jurisdiction of the United States. Persons born subject to the jurisdiction of the United States shall be designated as natural-born United States Citizens.

(b) Subject to the jurisdiction of the United States has the meaning that it bears in Section 1 of the Fourteenth Amendment to the United States Constitution, namely that the person is a child of at least one parent who owes no allegiance to any foreign sovereignty, or a child without citizenship or nationality in any foreign country. For the purposes of this compact, a person who owes no allegiance to any foreign sovereignty is a United States citizen or national, or an immigrant accorded the privilege of residing permanently in the United States, or a person without citizenship or nationality in any foreign country.

(c) This compact shall not take effect until Congress has given its consent, pursuant to Article I, Section 10, Clause 3 of the United States Constitution.

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