Для справки:
jus soli doctrine - принцип почвы (приобретение гражданства по месту рождения)
jus sanguini doctrine -принцип крови (приобретение гражданства по гражданству родителей)
Comment: No Citizenship For America Haters - Not satisfied by visiting the sins of the parents upon the foreign-born children of the undocumented (in killing the DREAM Act), the anti-immigrationists are now taking aim at the American-born children of the undocumented. Even though this would mean throwing away the rule of the law – the centuries old doctrine of jus soli which has always been the bedrock of American citizenship - the anti-immigrationists are not troubled by trifles such as following the plain language of the constitution.
The anti-immigrationists' fantasies rest on the belief that the phrase "subject to the jurisdiction thereof" in the 14th amendment somehow implies that the undocumented are exempt from the jurisdiction of US law, and therefore from the benefits of the 14th amendment also. In an article debunking this maliciously fraudulent misinterpretation of the 14th amendment, James Ho writes: "A foreign national living in the United States is "subject to the jurisdiction thereof" because he is legally required to obey U.S. law. (By contrast, a foreign diplomat who travels here on behalf of a foreign sovereign enjoys diplomatic immunity from—and thus is not subject to the jurisdiction of—U.S. law.) During congressional debates, both proponents and opponents of the citizenship clause agreed with this interpretation of the 14th Amendment. For example, Pennsylvania Sen. Edgar Cowan opposed the clause precisely because it would extend birthright citizenship to the U.S.-born children of Chinese laborers and other noncitizens who "owe [the U.S.] no allegiance [and] who pretend to owe none." Tellingly, Cowan's racially charged opposition was met with the following response from California Sen. John Conness: "The proposition before us... relates simply in that respect to the children begotten of Chinese parents in California, and it is proposed to declare that they shall be citizens... I am in favor of doing so... We are entirely ready to accept the provision proposed in this constitutional amendment."
The anti-immigrationists take refuge in the argument that few other countries scrupulously follow the jus soli doctrine, preferring instead the jus sanguini doctrine, the very doctrine that has consistently led to enormous ethnically-motivated bloodshed in Europe in days past, and in Africa and Asia today. Patently, the anti-immigrationists do not believe in American exceptionalism. If they don't like the US constitution, and prefer the doctrines of other countries instead, the anti-immigrationists should leave America promptly. If not, immigration advocates should start drafting legislative language, including a constitutional amendment, to deport the anti-immigrationists from the USA.
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Originally Posted by Lev Kobrin
