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“THE IDEA OF A NATIONAL IS NOT IN CONSTITUTION”

Dear Eni,

I'saka:

As I noted in my earlier post on this topic, this topic should best be addressed by legislatures. It is good to hear that you are pursuing that avenue.

Of course, as mentioned earlier, I disagree with Congress' nineteenth century approach to citizenship of people who live within the United States — all of the United States, whether Territory or State.

Article 14 of the Constitution clearly makes no provision for any difference: "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 in which they reside."  This right should not be denied to the Territories — it was not denied to people living in Missouri Territory before statehood, for example.  Nor has it been denied to persons born on US ships.

Moreover, our Constitution makes absolutely no provision for the "national" status that has been mention. The Constitution only recognizes citizens (real and naturalized) and non-citizens. Did some Treaty create this category and my 2000 edition of the indexed Constitution not capture that?

I write this second note because Congress has responsibility for only the processes of naturalization.  The Constitution does not assign to Congress the determination of citizenship for those born within the territory of the US.  The Constitution specifically says that anyone born within the US is a citizen; it does not limit that to only being in a state.

Congress should pass legislation to this effect — legislation that repeals the racist legislation that denied citizenship to those born in the non-white majority territories.

Fa'afetai lava!

Charles G. Kick III
Honiara



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