Calling on the President to resume the interpretation of section 1 of the 14th Amendment to the Constitution as originally intended and applied as law for a century.

IV 116TH CONGRESS 1ST SESSION H. RES. 140 Calling on the President to resume the interpretation of section 1 of the 14th Amendment to the Constitution as originally intended and applied as law for a century. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 22, 2019 Mr. BABIN submitted the following resolution; which was referred to the Committee on the Judiciary RESOLUTION Calling on the President to resume the interpretation of section 1 of the 14th Amendment to the Constitution as originally intended and applied as law for a century. Whereas the language of the 14th Amendment to the Con- stitution is recognized as vital for its contributions to civil rights law, due process, and equal protection under the law; Whereas the first sentence of section 1 of the 14th Amend- ment to the Constitution was intended to assure that no State could deny fair and due citizenship to any formerly enslaved person domiciled in the United States; Whereas the jurisdiction clause of the 14th Amendment was specifically included to modify and clarify ‘‘all persons born or naturalized in the United States’’; VerDate Sep 11 2014 23:04 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR140.IH HR140 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HRES 140 IH Whereas the words ‘‘subject to the jurisdiction thereof’’, as written in section 1 of the 14th Amendment to the Con- stitution, meant not owing any allegiance to another for- eign power; Whereas an illegal alien, upon setting foot into this Nation, cannot meet the requirement of section 1 of the 14th Amendment to reside in a State; Whereas being born on United States soil by parents who are illegally inside the country and therefore not under the legal jurisdiction of the United States does not qualify a person as a citizen of these United States but of the na- tion to which the mother or father hold citizenship; Whereas if a person is present in the United States illegally, a child born in the United States to that parent would owe allegiance to that foreign power which has jurisdic- tion over that parent; Whereas interpretation of section 1 of the 14th Amendment devolved in the latter half of the 20th century away from the original intent and clear meaning upon ratification of the amendment; Whereas the first sentence of section 1 of the 14th Amend- ment to the Constitution has been manipulated and abused by illegal aliens to unfairly gain citizenship for their children and incentivizes illegality; Whereas ending the practice of automatically extending citi- zenship to children born in the United States by a moth- er in the country illegally and therefore not under the ju- risdiction of the United States should not require an ad- ditional constitutional amendment; Whereas those in the United States illegally are subject to our laws by their presence within our border, but are not VerDate Sep 11 2014 23:04 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HR140.IH HR140 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HRES 140 IH subject to the more complete jurisdiction envisioned by the 14th Amendment as a precondition for automatic citizenship; Whereas the Supreme Court has never held that children born on United States soil to parents who are in the country illegally should automatically receive citizenship; Whereas a sovereign nation has the right to determine its own qualifications for citizenship; Whereas only 30 sovereign nations recognize a form of birth- right citizenship, including only two, the United States and Canada, classified by the International Monetary Fund as first world countries; Whereas during this century three sovereign nations, Ireland, New Zealand, and Australia, have ended their practice of birthright citizenship; and Whereas section 5 of the 14th Amendment explicitly dele- gates to Congress the right to determine how the provi- sions of the amendment are to be applied: Now, there- fore, be it Resolved, That the House of Representatives— 1 (1) calls upon the Government of the United 2 States to return to the proper, original, and in- 3 tended interpretation of section 1 of the 14th 4 Amendment, taking into account the jurisdiction 5 clause; 6 (2) disapproves of birthright citizenship and in- 7 tends to pursue legislative measures if necessary to 8 ensure the practice is appropriately ended; 9 VerDate Sep 11 2014 23:04 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HR140.IH HR140 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HRES 140 IH (3) supports the directives of the Trump Ad- 1 ministration to properly interpret section 1 of the 2 14th Amendment and, if necessary, seek judicial 3 clarification as to the intent of the language of the 4 amendment; and 5 (4) will seek, if necessary, a legislative solution 6 to end birthright citizenship. 7 Æ VerDate Sep 11 2014 23:04 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\HR140.IH HR140 pamtmann on DSKBFK8HB2PROD with BILLS