It Was Only Meant to Give Slaves Citizenship & Equal Protection
Congressman Bingham sat on the Joint Committee for Reconstruction, after the Civil War. On July 9, 1868, the 14th Amendment was ratified.
It reads: "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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
The language clearly addressed southern States, their laws and treatment of freed slaves - it instructs States that former slaves are now full citizens of the U.S. and protected by the Constitution.
Bingham was motivated by the U.S. Supreme Court decision of the Dred Scott v. Sandford case, which held that Americans descended from African slaves could not be citizens of the United States. Bingham wanted to correct that ruling since States were taking guns away from Blacks. Bingham argued that the Second Amendment, the right to bear arms, should be granted to Blacks. Bingham wanted Blacks to be protected by the Bill of Rights, the first ten amendments.
At this time, our country did not have unauthorized immigration - it did not exist In 1866! Therefore, no one was thinking of giving illegal aliens citizenship; no one was asking, at the time the 14th Amendment was ratified. Thus, the 14th Amendment does not apply to illegal aliens and their "anchor babies."
Therefore, all illegal aliens must be deported to their own countries.
Under Art. I, Sec. 8, cl. 4, of the U.S. Constitution, Congress has the power to clarify the 14th Amendment, "To establish an uniform Rule of naturalization...."
Naturalization is the process by which a non-citizen in another country may acquire citizenship of the U.S.
Jurisdiction means that the State with jurisdiction over a citizen has the authority to compel that citizen to sit for jury duty, or institute taxes on income or on property.
If the State cannot do this, the State does not have complete jurisdiction over the citizen. States cannot compel jury duty, etc., on illegal aliens or their children.
Bingham wrote, "I find no fault with the introductory clause, which is simply declaratory of which is writen in the Constitution, that every human being born within the jurisdiction of the U.S. of PARENTS NOT OWING ALLEGIANCE to ANY FOREIGN SOVEREIGNTY IS, in the language of your Constitution itself, a natural born citizen." [The Congressional Globe, 39th Congress, p 1291; The UnConstitutionality of Citizenship by Birth to Non-Americans, by P.A. Madison, Frmr. Research Fellow in Constitutional Studies, 2/1/2005]
Illegal aliens owe allegiance to their own countries, not the U.S. They took no oath before a judge to uphold the Constitution. No U.S. authority gave them permission to enter, therefore, they and their children belong to their country of origin.
When deported, the countries they owe allegiance to accept them back into their country.