The Snyder Act and Birthright Citizenship

[ExpressLane]

The Snyder Act, also known as the Indian Citizenship Act, was passed by Congress on June 2, 1924. It granted citizenship to all American Indians born in the United States. The act was named after its sponsor, Representative Homer P. Snyder of New York

Fourteenth Amendment, Section 1:

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.

Prior to 1924 not every Indian born in the United States were American Citizens because they were citizens of Indian nations and weren't subject to our laws like the draft etc. The Snyder Act was needed to grant them citizenship.


If an American Indian born to two American Indian parents were not citizens covered by the 14th amendment is the American born baby of two Guatemalan parents an American or a Guatemalan? The matter needs to be challenged in the SCOTUS.

If an American mother gives birth in France is the child and subject to American laws. Could France draft that child when they reached adulthood? Could America draft the baby of an American mother and father if the baby was born in France?

 

[Jarod]

If an American mother gives birth in France is the child and subject to American laws. Could France draft that child when they reached adulthood? Could America draft the baby of an American mother and father if the baby was born in France?

I do not know about what France could do, but America could and has drafted people born in France to American parents.

 

[ExpressLane]

I do not know about what France could do, but America could and has drafted people born in France to American parents.

So American laws control the offspring of its country. Thanks. So Guatemala has control over the offspring of its citizens.

 

[Jarod]

So American laws control the offspring of its country. Thanks. So Guatemala has control over the offspring of its citizens.

Because Americans can be born in foreign lands and still be Americans.

Guatemalans can be born in America and chose later in life.

 

[ExpressLane]

Because Americans can be born in foreign lands and still be Americans.

Guatemalans can be born in America and chose later in life.

They are subjects of Guatemalan laws and as such the 14th amendment does not cover them JUST LIKE the 14th did not cover American Indians.

 

[Poor Richard Saunders]

So American laws control the offspring of its country. Thanks. So Guatemala has control over the offspring of its citizens.

Some people are so stupid that they don't know that the US Constitution only applies to the US. It seems you are one of those people.

 

[Diogenes]

America could and has drafted people born in France to American parents.

Relevance, Brad?

 

[Diogenes]

Because Americans can be born in foreign lands and still be Americans.

If their parents are citizens, right, Brad?

 

[Uncensored2008]

The Snyder Act, also known as the Indian Citizenship Act, was passed by Congress on June 2, 1924. It granted citizenship to all American Indians born in the United States. The act was named after its sponsor, Representative Homer P. Snyder of New York

Fourteenth Amendment, Section 1:

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.

Prior to 1924 not every Indian born in the United States were American Citizens because they were citizens of Indian nations and weren't subject to our laws like the draft etc. The Snyder Act was needed to grant them citizenship.


If an American Indian born to two American Indian parents were not citizens covered by the 14th amendment is the American born baby of two Guatemalan parents an American or a Guatemalan? The matter needs to be challenged in the SCOTUS.

If an American mother gives birth in France is the child and subject to American laws. Could France draft that child when they reached adulthood? Could America draft the baby of an American mother and father if the baby was born in France?

Bingo.

Don't worry. @Poor Richard Saunders will be here soon to shriek "NUHN UHN."

 

[Diogenes]

Bingo.

Don't worry. @Poor Richard Saunders will be here soon to shriek "NUHN UHN."

His usual party trick seems to be posting a link to something he probably didn't read that doesn't say what he claimed it does, and then he'll likely strut around like a pigeon on a chessboard.

 

[T. A. Gardner]

The real question on the table is:

If a child is born to foreign citizen parents while in the US and those parents are committing the crime of illegal immigration--yes, it is a fucking crime--should their child or they benefit from their criminal activity?

If you say yes, the child should be given citizenship, then you are arguing that the parents, and child, get to benefit from the commission of a crime.

 

[Poor Richard Saunders]

They are subjects of Guatemalan laws and as such the 14th amendment does not cover them JUST LIKE the 14th did not cover American Indians.

You clearly are ignorant of history.

American Indians had treaties with the US which made them a separate nation within the US. They still are which is why the tribes can ban Kristi Noem from entering tribal lands even those those lands are located in the state she is governor of. The tribes can also prevent state law enforcement officers from entering tribal lands. There is no part of the US where Guatemalans can prevent governors or state law enforcement from entering. American Indians have an area of the country where they can go and not be subject to state laws. There is no such place in the US for Guatamalans to go so they are always subject to state and federal jurisdiction. As such, children born to them meet the three requirements if the child is born on US soil. They are persons. They are born. They are subject to US jurisdiction.

 

[Diogenes]

The real question on the table is:

If a child is born to foreign citizen parents while in the US and those parents are committing the crime of illegal immigration--yes, it is a fucking crime--should their child or they benefit from their criminal activity?

If you say yes, the child should be given citizenship, then you are arguing that the parents, and child, get to benefit from the commission of a crime.

How dare you bring logic into a discussion on JPP?

 

[Poor Richard Saunders]

His usual party trick seems to be posting a link to something he probably didn't read that doesn't say what he claimed it does, and then he'll likely strut around like a pigeon on a chessboard.

I see the board's troll is already staking out his position under the bridge.

 

[Poor Richard Saunders]

The real question on the table is:

If a child is born to foreign citizen parents while in the US and those parents are committing the crime of illegal immigration--yes, it is a fucking crime--should their child or they benefit from their criminal activity?

If you say yes, the child should be given citizenship, then you are arguing that the parents, and child, get to benefit from the commission of a crime.

No. The question is does the Constitution always apply in the US or can we simply ignore it when we don't like the outcome?

 

[Diogenes]

I see the board's troll is already staking out his position under the bridge.

I'd noticed your post already, but thanks for the notification, loser.

 

[T. A. Gardner]

No. The question is does the Constitution always apply in the US or can we simply ignore it when we don't like the outcome?

The Constitution applies, but we apply it to those abiding by the law. Criminals in US jurisprudence should not benefit from or be rewarded for the crimes they commit.

How are criminals prevented from profiting from their crimes?

A STAFF REPORT FROM THE STRAIGHT DOPE SCIENCE ADVISORY BOARD

www.straightdope.com

Son of Sam law - Wikipedia

en.wikipedia.org

This is both encoded in our laws as well as obvious common sense. If you can commit a crime and profit from it, then the punishment for committing it isn't a deterrent, it's at most just an annoyance. If you can, like Bernie Madoff, run a scam and you get to keep the billions for a couple decades in prison, it may be worth committing the crime.

Why should illegal immigration be different in that respect? Why should someone who sneaks in illegally get to have an "anchor baby" that will provide them a means to stay when they committed a crime to get here?

 

[Diogenes]

POOR RICHARD NEEDS A HIT OF THIS​

 

[Neil N. Blowme]

I do not know about what France could do, but America could and has drafted people born in France to American parents.

That's because a child born to American parents is American, regardless of where they are born. That's the whole point. A child born to Mexican parents is Mexican, regardless of where the child is born.

 

[Walt]

Prior to 1924 not every Indian born in the United States were American Citizens because they were citizens of Indian nations and weren't subject to our laws like the draft etc. The Snyder Act was needed to grant them citizenship.

Yes, they had independent nations within our nation, and if they kept to those independent nations, they were not under our laws. That included murder, as crazy as that sounds. By 1924, it seemed like a stretch to claim these were completely independent nations.

If an American Indian born to two American Indian parents were not citizens covered by the 14th amendment is the American born baby of two Guatemalan parents an American or a Guatemalan?

Maybe, if Guatemala had independent governments and reservations in the USA, but they do not. When a Guatemalan is in the USA, they are subject to American laws... With the single exception of diplomatic facilities.

If an American mother gives birth in France is the child and subject to American laws. Could France draft that child when they reached adulthood? Could America draft the baby of an American mother and father if the baby was born in France?

If you have dual citizenship by birth, you have to be very careful. You can be drafted by the other country. For instance, if you had dual citizen with Russia or Ukraine, you could be drafted into their military and sent to war. It is best to renounce your citizenship before entering the country, because they can keep you from renouncing the citizenship once they draft you.