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| | At the time the Constitution was ratified, some States continued their practice of granting citizenship to residents. But Congress then asserted its '''''exclusive''''' power to grant citizenship, and prohibited States from determining who or who is not a citizen. | | At the time the Constitution was ratified, some States continued their practice of granting citizenship to residents. But Congress then asserted its '''''exclusive''''' power to grant citizenship, and prohibited States from determining who or who is not a citizen. |
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| − | Today there is a big controversy over how much States can do to protect themselves, and their residents, from illegal aliens. Some States and towns have passed laws prohibiting landlords from renting apartments to illegal aliens, for example, and requiring the landlords to check the citizenship of people before renting to them. Similarly, some States and towns have required employers to check whether a job applicant is in the United States lawfully, before offering him a job. | + | Today there is a big controversy over how much States can do to protect themselves, and their residents, from illegal aliens. There are an estimated 12 million people in the United States illegally, many of whom are receiving benefits from the government and some of whom are committing crimes against American citizens. A few States and towns have passed laws prohibiting landlords from renting apartments to illegal aliens, for example, and requiring the landlords to check the citizenship of people before renting to them. Similarly, some States and towns have required employers to check whether a job applicant is in the United States lawfully, before offering him a job. |
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| − | Pro-immigration groups tend to oppose State and local laws that restrict hiring or renting to illegal aliens. These pro-immigration groups have filed numerous lawsuits to block laws against illegal aliens from going into effect. | + | Pro-immigration groups tend to oppose State and local laws that restrict hiring or renting to illegal aliens. These pro-immigration groups have filed numerous lawsuits to block laws against illegal aliens from going into effect. One of the primary arguments of the pro-immigration groups is that Congress establishes rules for immigration and naturalization, and thus States and towns should not be imposing their own requirements against illegal aliens. But States and towns bear the burden of increased crime and costs association with illegal immigration. The town of Hazleton, Pennsylvania, located not far from New Jersey, passed ordinances against illegal aliens after there was a surge in illegal immigration there, and an increase in shockingly violent crimes. The City of Hazleton passed ordinances entitled the “Illegal Immigration Relief Act Ordinance” (“IIRA”) which: |
| | + | *would have imposed modest initial fines on landlords who rent to illegal aliens; |
| | + | *would have required tenants to register with City Hall and buy a rental permit; and |
| | + | *would have denied business permits to companies that hire illegal immigrants. |
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| − | <14th Amendment - birthright citizenship>
| + | The law never took effect. A group led by illegal aliens sued in federal court to block the ordinances, and after seven years of litigation the U.S. Supreme Court "denied cert" on an appeal by the town. |
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| | + | The 14th Amendment begins with a Citizenship Clause as follows: |
| | + | {{cquote|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.}} |
| | + | Many say that this Citizenship Clause grants "birthright citizenship" to the millions of Americans born in the United States to parents who are illegal aliens. Under this reasoning, if someone is born here, then he is automatically a citizen of the United States even though his parents were here illegally. |
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| | + | Not so, say opponents of illegal immigration. Only persons "born ... and subject to the jurisdiction" of the United States become citizens. If the parents are here illegally, then they are citizens of a different country, not the United States. Diplomats, for example, are subject to the jurisdiction of the country which they are representing. Children born to diplomats are not subject to the jurisdiction of the United States, but are born subject to the jurisdiction of their home country. Similarly, under this view, the children of illegal aliens are should not automatically obtain "birthright citizenship" simply because they are born on American soil. True citizenship is not determined merely by where someone is born. |
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| | + | There are additional issues concerning citizenship that arise from time to time. Must someone renounce all allegiance to a foreign country in order to become a citizen of the United States? At one time, merely voting in a foreign election caused someone to automatically lose his American citizenship. Other issues concern whether dual citizenship should be allowed (it is allowed with some countries), and whether someone can renounce his citizenship (someone can under American law, but the traditional English view was that someone cannot unless the sovereign allows him to). |
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| | ===Free speech and campaign finance=== | | ===Free speech and campaign finance=== |