Wednesday, May 03, 2006

Concerning Illegal Aliens being granted Constitutional Rights:

Let us consider, yet again, the preamble to the Constitution:

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

Will preface the following with:

"The opinion of the Federalist has always been considered as of great authority. It is a complete commentary on our Constitution, and is appealed to by all parties in the questions to which that instrument has given birth..." - The U.S. Supreme Court, Cohens v. Virginia (1821)

"But if the execution of the laws of the national government should not require the intervention of the State legislatures, if they were to pass into immediate operation upon the citizens themselves, the particular governments could not interrupt their progress without an open and violent exertion of an unconstitutional power. No omissions nor evasions would answer the end. They would be obliged to act, and in such a manner as would leave no doubt that they had encroached on the national rights." - Alexander Hamilton, Federalist #16

"Attempts have been made to pervert this clause into an objection against the Constitution, by representing it on one side as a criminal toleration of an illicit practice, and on another as calculated to prevent voluntary and beneficial emigrations from Europe to America. I mention these misconstructions, not with a view to give them an answer, for they deserve none..."

".....Under this head might be included the particular restraints imposed on the authority of the States, and certain powers of the judicial department; but the former are reserved for a distinct class, and the latter will be particularly examined when we arrive at the structure and organization of the government. I shall confine myself to a cursory review of the remaining powers comprehended under this third description, to wit: to regulate commerce among the several States and the Indian tribes; to coin money, regulate the value thereof, and of foreign coin; to provide for the punishment of counterfeiting the current coin and secureties of the United States; to fix the standard of weights and measures; to establish a uniform rule of naturalization, and uniform laws of bankruptcy, to prescribe the manner in which the public acts, records, and judicial proceedings of each State shall be proved, and the effect they shall have in other States; and to establish post offices and post roads...."

"The dissimilarity in the rules of naturalization has long been remarked as a fault in our system, and as laying a foundation for intricate and delicate questions. In the fourth article of the Confederation, it is declared "that the free inhabitants of each of these States, paupers, vagabonds, and fugitives from justice, excepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each State shall, in every other, enjoy all the privileges of trade and commerce," etc. There is a confusion of language here, which is remarkable. Why the terms free inhabitants are used in one part of the article, free citizens in another, and people in another; or what was meant by superadding to "all privileges and immunities of free citizens," "all the privileges of trade and commerce," cannot easily be determined. It seems to be a construction scarcely avoidable, however, that those who come under the denomination of free inhabitants of a State, although not citizens of such State, are entitled, in every other State, to all the privileges of free citizens of the latter; that is, to greater privileges than they may be entitled to in their own State: so that it may be in the power of a particular State, or rather every State is laid under a necessity, not only to confer the rights of citizenship in other States upon any whom it may admit to such rights within itself, but upon any whom it may allow to become inhabitants within its jurisdiction. But were an exposition of the term "inhabitants" to be admitted which would confine the stipulated privileges to citizens alone, the difficulty is diminished only, not removed. The very improper power would still be retained by each State, of naturalizing aliens in every other State. In one State, residence for a short term confirms all the rights of citizenship: in another, qualifications of greater importance are required. An alien, therefore, legally incapacitated for certain rights in the latter, may, by previous residence only in the former, elude his incapacity; and thus the law of one State be preposterously rendered paramount to the law of another, within the jurisdiction of the other. We owe it to mere casualty, that very serious embarrassments on this subject have been hitherto escaped. By the laws of several States, certain descriptions of aliens, who had rendered themselves obnoxious, were laid under interdicts inconsistent not only with the rights of citizenship but with the privilege of residence. What would have been the consequence, if such persons, by residence or otherwise, had acquired the character of citizens under the laws of another State, and then asserted their rights as such, both to residence and citizenship, within the State proscribing them? Whatever the legal consequences might have been, other consequences would probably have resulted, of too serious a nature not to be provided against. The new Constitution has accordingly, with great propriety, made provision against them, and all others proceeding from the defect of the Confederation on this head, by authorizing the general government to establish a uniform rule of naturalization throughout the United States." - James Madison, Federalist #42

To enjoy the Rights secured under the United States Constitution, you must first be a citizen.

Eligibility Requirements To be eligible for U.S. citizenship, you have held a green card for the past 5 years. If you are married to a U.S. citizen or were in the military, the requirement is only 3 years. An easy way to see if you are eligible is to take our eligibility quiz. Other requirements include:

Continuous Residency -- making your residence in the United States for the past 5 years (if you are married to a U.S. citizen, then 3 years). Please note that an absence of 6 months or more will interrupt residency. If the break is for 6 months to one year, it may be excused for a reason such as overseas employment.
Physical Presence -- actually living in the U.S. for half of the required residency period. You can leave and come back to the United States as much as you wish, as long as the absence is for less than 6 months at a time, and as long as the total time spent in the United States adds up to 30 months (18 months if you are married to a US Citizen or were in the military).
Residing in the state where you are submitting the citizenship application for at least 3 months.
Not breaking any immigration laws.
Not having been a member of the Communist Party during the past 10 years, unless your membership was involuntary.
Being able to show at least 5 years of good moral character. Generally, an application may be rejected if you have had any drug, gambling, or prostitution convictions, practiced polygamy, smuggled illegal aliens into the U.S., or purposefully failed to support dependents. If you have ever been convicted of murder or an aggravated felony, you will permanently be ineligible for citizenship.
Being able to speak, understand, read, and write simple English during the citizenship interview, unless you have a physical or mental impairment that prevents you from learning English. You may be exempt from this requirement if you are over the age of 50 and have been a permanent resident for over 20 years.
Passing a test on U.S. History and Government. You may be given special consideration if you are over the age of 65 and have been a permanent resident for more than 20 years.
Taking an oath of allegiance to the United States.

Naturalization Oath of Allegiance to the United States of America

"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the armed forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God."

No comments: