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Center for Media and Democracy Alec Model Legislation Resolution on Fourteenth Amendment

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Model Legislation

Public Safety and Elections

Resolution on Fourteenth Amendment
Summary

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

Requests that the United States (US) Congress clarify the Fourteenth amendment
regarding citizen status for children of illegal aliens.
Model Resolution
WHEREAS, the Fourteenth Amendment of the United States Constitution states in
part "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"; and
WHEREAS, this clause clearly establishes two criteria that must be met before a
child born in the United States can be considered a citizen: being born in the
United States, and being subject to the jurisdiction of the United States; and
WHEREAS, illegal aliens are not subject to the jurisdiction of the United States
and, consequently, neither are their children; and
WHEREAS, to eliminate the present problem of granting citizenship to infants who
due to their parents' illegal status are not subject to the jurisdiction of the United
States, Congress needs to clarify that children of illegal aliens inherit the status of
their parents and must be recognized as illegal aliens; and
WHEREAS, the current practice of granting citizenship to children of illegal aliens
rewards them for violating American law and provides them with a means to avoid
the consequences of their unethical and illegal activities.
THEREFORE BE IT RESOLVED that the American Legislative Exchange Council
that the Congress of the United States enact legislation clarifying the Fourteenth
Amendment of the United States Constitution as denying citizenship status to
children of illegal aliens simply by virtue of their being born in the United States.
Adopted by the Criminal Justice Task Force at the States and Nation Policy Summit,
December 2007. Approved by the ALEC Board of Directors January 2008.
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Center for Media
and Democracy's
quick summary:
This Resolution describes the radical effort pushed by ALEC to destroy the express language of the
Constitution's Fourteenth Amendment, which confers citizenship on all persons born in the U.S. The
Resolution manufactures the notion that persons who lack legal status, or are out of status, are not subject
to the jurisdiction of the U.S. and its laws, and that the children of undocumented persons born in the U.S.
do not become citizens. This assertion is contrary to long-standing, traditional interpretation of the
Constitution. It is also a morally cruel effort to deprive the lawful, constitutionally-guaranteed right to U.S.
citizenship to children, who are innocent of any wrongdoing. Note that this Resolution was passed in an
election year.