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house of delegates resolutions
303
ADOPTED

Urges Rejection of Altering Fourteenth Amendment

RESOLVED, That the American Bar Association urges Congress to reject any resolution  proposing an amendment to the United States Constitution that would  alter, in any way, the grant of United States citizenship under the Fourteenth Amendment to any persons born in the United States (including territories, possessions, and commonwealths).

FURTHER RESOLVED, That the American  Bar Association urges Congress and state legislative bodies to reject any proposal that seeks to alter the right to United States citizenship under the Citizenship Clause of the Fourteenth Amendment to the United States Constitution through the enactment of legislation or adoption of an interstate compact.

FURTHER RESOLVED, That the American Bar Association urges Congress, all state, territorial and local legislative bodies and governmental entities to reject any proposal that seeks to impose limits, based upon the citizenship or immigration status of one or both parents at the time of the person’s birth, on the right of any person born in the United States (including its territories, possessions, and commonwealths) to claim or prove United States citizenship under the Citizenship Clause of the Fourteenth Amendment to the United States Constitution.

(Review the Commission on Hispanic Legal Rights & Responsibilities’ report for Resolution 303 here)

Comments (2)

  • Excellent start
    1:38 PM August 10, 2011

    The fact that the ABA feels the need to pass this indicates that that there are questions about the proper scope of the 14th Amendment.

    Has the High Court ever held that children born to illegal aliens should be U.S. citizens by birth? NOPE.

    Does the Constitution mandate it? NOPE.

    Hopefully this will prompt the Congress to take this up and help the ABA to better understand Congress’s intent.

  • Anonymous
    2:33 AM August 15, 2011

    Where then would they be citizens of?