If the Democrats keep pushing this issue, it will be one more slap in the face to the military. Just think of it. An illegal immigrant mother can come across the border, have her child in an American hospital paid for by legitimate taxpayers, have it reside in the U.S. for 14 years and that child can become President of the United States. A child born of natural born American citizens, on a military base in a foreign country, that has come very close to giving his life for the U.S. and meets all other requirements, may not be eligible? The mere fact that Leahy is even questioning Chertoff is proof that his patronizing questions are to cast a shadow on McCain's credibility. If he truly had no doubt, then why the questioning, a letter to his constituents would suffice. We are not in gutter with our politics, we are below that, in the sewer.

Was the Canal Zone not US Territory at the time? which makes the discussion irrelevant. Apart from that, it is the by birth or at birth discussion which confusses.
Natural born citizen at the time ment Your father (by natural impregnation) was a citizen. That is the "at birth"
The 14th amendment then extended this to people born in the US. That is the "by birth"

I have always considered Sen. Leahy a Snake.and a "A Three Dollar Bill"

Ditto on Sen. Leahy. He is a natural born snake of liberal cloth! Dem libs are out to dismantle our constitutional Republic!

Has Senator Leahy as much constitutional purity concerning Amendments 9 or 10? No; he's a liberal. My guess is that about 50% or more of federal outlays and authority are patently unconstitutional thanks to FDR, LBJ, et al.

Pathetic Pat brings up the quintessentially contrary argument to the "anchor baby" theory that if you come out mommy's womb on American soil, Presto!, you're an american citizen whether or not your mother is legally in the US.

Pathetic Pat (or anybody!),

Can you tell me the purpose of adding to the 14th Amendment the phrase 'and under the jurisdiction thereof'? The way the 14th Amendment of 1868 seems to be interpreted today, that phrase is totally unnecessary and superfluous. Why doesn't it simply read: All persons born or naturalized in the United States are citizens of the United States and of the State in which they reside. Are persons "under the jurisdiction" of the US if they are here illegally? Aren't children under the jurisdiction of their parents (remember Elian Gonzalez?) You tell me.

There are some things that are not worthy of comment. This is one of them.

Constitution Man - the issue may relate to jurisdiction. We are used to thinking that congress has jursidiction everywhere, but that is not original intent at all.

There is some argument out there that holds that many of the amendments passed around that time in history were more about consolidating federal power than anything else. For example, federal jurisdiction only extends to matters they have specific enumerated powers and to specific areas, like the district of columbia and other federal installations (art 1 sec 8).

Originally, a "citizen of the united states" was understood to be a federal creature, under "exclusive" federal jurisdiction, which is NOT THE SAME as a citizen of Maryland etc. This little distinction of jurisdiction is the reason why the interstate commerce clause is so important. If congress could really pass laws at will that affected every person in America, then there would have been no need for the many battles and arguments over the Interstate Commerce clause.

Please check "The Federal Zone" and "Cracking the Code" by Peter Eric Hendrickson for a more detailed discussion of this.

Dinan,

Please, forgive and forget the typos! Arthritis is a gift from my parents! here's the cleaned up post:
Nautural born, native born, fence jummpers? What's The Fuss, just include McCain by name in the upcoming bipartisan Amnesty Bill. Don't ever forget Sen Innoue's immortal words on Panama:

It's ours, we stole and we intend to keep it"

Sounds alot like Iraq and McBush to me!

Dave Sheehan

We're pleased to announce that the federal debt is growing at a robust rate now exceeding $9.4 trillion. As a good citizen, we're encouraging you to pay your taxes a little early. If possible, send in a few extra dollars. Your patriotism and good heartedness is most appreciated.

We are Senators Osama, Clunton and McCane and we half heartedly approve this statement.

Come on, it says "or a citizen of the United States". Looks like a non-issue to me..