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Rand Paul’s Unconstitutional Remark: Banning Citizenship For Children Of Undocumented Immigrants

May 28, 2010

This is absurd.  It is also unconstitutional.  For Rand Paul, and those like him, who align themselves so tight with the U.S. Constitution to then maul the document without blinking an eye is really most remarkable.

The latest bizarre example has to do with Kentucky Senate Republican nominee Rand Paul and his thoughts on banning children born to undocumented immigrants from  having U.S. citizenship.

U.S. Senate candidate Rand Paul is stirring it up again, this time by saying he opposes citizenship for children born in the U.S. to parents who are illegal immigrants.

Paul, who a week ago won the GOP primary, told a Russian TV station in a clip circulating on political Web sites Friday that he wants to block citizenship to those children.

There are some serious errors in the muddled mind of Rand Paul.  As I have stated over and over about teabaggers, the Tea Party, and both Rand and his father, Ron, is that racism is deep and wide as to the reasons they all act in the fashion they do.

So lets cut to the core of the reason why I think Rand Paul is smoking something funny before talking.

Under the 14th Amendment, “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.”   I am not sure about how Rand Paul reads this language but for the lawyers in the world this is really quite unambiguous.  What that wording does is grant citizenship to all persons born in the United States unless they are not subject to American “jurisdiction”.  That means there is a very limited exception that applies only to children of foreign diplomats and a few other isolated instances.  In others words there is no room in the language of the Constitution to suggest, as Rand Paul does, that barring citizenship to children of undocumented immigrants has any constitutional validity.

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