Consequences of misinterpreting the 14th Amendment to the United States Constitution

Fred Elbel.

Website by Fred Elbel, Elbel Consulting Services, LLC

Cost

Births to illegal alien mothers are adding more to the U.S. population each year than did immigration from all sources in an average year prior to 1965.

The Urban Institute estimates the cost of educating illegal alien children in the nation’s seven states with the highest concentration of illegal aliens was $3.1 billion in 1993 (which, with the growth of their population to 1.3 million, would be more like $5 billion in 2000). This estimate does not take into account the additional costs of bilingual education or other special educational needs.1

FAIR estimates there are currently between 287,000 and 363,000 children born to illegal aliens each year. This figure is based on the crude birth rate of the total foreign-born population (33 births per 1000) and official estimates of the size of the illegal alien population – between 8.7 and 11 million. It should be noted that the Bear Stearns investment firm and others have concluded that the actual number of illegal aliens in the United States could be as high as 20 million.2,3 Using this higher number would roughly double FAIR’s estimate to approximately 574,000 to 726,000 children born to illegal aliens each year!

As of 2001, the cost of having a baby in the U.S. ranged from $6,000 to $8,000 for a normal delivery and $10,000 to $12,000 for a cesarean birth (to as much as $14,000 in certain parts of the country).10 Assuming that an average birth in the year 2007 now costs $8,000, the total cost for 363,000 anchor babies would be approximately $3 billion. Assuming the more realistic number of 726,000 anchor babies, the total cost would be nearly $6 billion. American taxpayers pay a substantial part of this cost.

In 1994, California paid for 74,987 deliveries to illegal alien mothers, at a total cost of $215.2 million (an average of $2,842 per delivery). Illegal alien mothers accounted for 36 percent of all Medi-Cal funded births in California that year.1 A survey conducted under the auspices of the University of California, found that of new Hispanic mothers in California border hospitals, 15 percent had crossed the border specifically to give birth. Two-thirds of births in Los Angeles County hospitals are to illegal alien mothers who are in the U.S. in violation of our existing immigration laws.

Illegal aliens are not eligible for welfare benefits, but their citizen children qualify for Aid to Families with Dependent Children (AFDC) and other benefits granted to US citizens. Based on data collected in California for AFDC’s “children only” cases, the California Department of Social Services estimated that in fiscal 1994-1995, 193,800 children of illegal aliens received welfare, costing $553 million.

By not addressing this abuse of the Fourteenth Amendment and enforcing immigration law, the funds that state and local governments must provide to anchor babies amounts to a virtual tax on U.S. citizens to subsidize illegal aliens.

Rule of Law

By deliberately not addressing this loophole, Congress in effect rewards law-breakers and punishes those who have chosen to follow the rules and immigrate legally.

The 14th Amendment stipulates that Congress has the power to enforce its provisions by enactment of legislation, and the power to enforce a law is necessarily accompanied by the authority to interpret that law. Therefore, an act of Congress stating its interpretation of the 14th Amendment, as not to include the offspring of illegal aliens, would fall within Congress’s prerogative.

One Man, One Vote

Congressional district reapportionment weighted by the presence of illegal alien noncitizens is notably unfair to American citizens (both natural-born and naturalized), and clearly violates the principle of “one man, one vote”.

As the number of US House seats is fixed at 435, reapportionment means that if a given state gains a House district, another state must lose one. If non-citizens (illegal aliens) are counted in the decennial Census upon which districts are apportioned, then states with larger illegal alien populations are likely to end up with more districts and therefore more representation in the House. This effectively dilutes the votes citizens in states having relatively low proportions of illegal aliens.

United States Sovereignty

The Oath of Allegiance for Naturalized Citizens

“I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God.”8

The Mexican government recently provided dual nationality to its citizens who naturalize in the United States. No longer looked upon by their countrymen with contempt, those who emigrate (and sneak in) to the United States are seen by Mexico as advocates for its presumed territorial claims to the American Southwest. Mass immigration, while acting as an overpopulation safety valve for Mexico, simultaneously strengthens Mexico’s political presence inside the United States. Mexican dual nationality serves to retain the allegiance of its citizens who become United States citizens, and to discourage assimilation – in spite of the oath of allegiance they take to America.

Unconstrained illegal immigration and disregard for the rule of law are not conducive toward maintaining US sovereignty. Special corporate and political interests want all the cheap foreign labor they can get. Misinterpreting the 14th Amendment and granting automatic birthright citizenship to children of illegal aliens is but one aspect of the dismantling of America.

In April, 2005, President Bush signed the Security Prosperity Partnership with Canada and Mexico, with the stated objective of ensuring the free movement of goods and people across the US border. This treaty, never ratified by Congress, is a significant step towards the North American Union where a sovereign United States will be merely a memory.

Population and environmental consequences

United States population is at roughly 300 million and is projected to double within the lifetimes of children born today.4 Approximately two-thirds of this population growth will be due to mass immigration – that is, immigrants, illegal aliens, and their descendents.5

The United States is past the point of environmental sustainability. Scientists have noted that a sustainable population at today’s consumption levels would be approximately 100 to 150 million people.6 A good and readable overview of the population-environment connection can be found at SUSPS. A visual presentation of the damage illegal immigration does to the environment near our southern border can be seen at DesertInvasion.US.

Other countries

The United Kingdom, for example, formerly allowed Birthright citizenship. In 1981, because of immigration pressures, they restricted it to now require that one parent be a legal resident. In France birthright citizenship has been changed — now children between the ages of 16 and 22 of illegal alien parents must actively seek French citizenship.

It should be noted that on June 11, 2004 Irish voters voted in a national referendum to end automatic citizenship for any child born in Ireland regardless of the parents’ residence status. Ireland was the last member of the European Union to allow pregnant foreigners to gain residence and welfare benefits as a result of birth in the country. (Seattle Post Intelligencer, June 13, 2004.)

Millions of Americans

Millions of Americans have served in defense of the United States of America. Many have died to preserve the freedoms that we take for granted – freedoms granted to United States citizens by the US Constitution. Granting birthright citizenship to the children of illegal aliens whose first act in coming here is to break our laws, cheapens beyond recognition the meaning of our Constitution and the value of the lives lost fighting to preserve it.

Notes and more information:

1.   Anchor Babies: The Children of Illegal Aliens (Federation for American Immigration Reform)

2.   Robert Justich and Betty Ng, CFA, The Underground Labor Force Is Rising To The Surface (Bear Stearns, January 3, 2005)

3.   Fred Elbel, Illegal immigration invasion numbers (DesertInvasion.US, August, 2004). Published in the Social Contract under the title How Many Illegals Are There in the U.S.? (A New Methodology) (Fall, 2005)

4.   US Census Bureau.

5.   NumbersUSA.com resources on Birthright Citizenship

6.   SUSPS

7.   James R. Edwards, Jr., Two Sides of the Same Coin – The Connection Between Legal and Illegal Immigration, (Center for Immigration Studies, February, 2006)

8.   Anthony Beilenson, Case for Correction By Constitutional Amendment, The Social Contract (Fall, 1996)

9.   US Citizenship and Immigration Services

10.   The Cost of Having a Baby Dr. Greenfield (Dr. Spock, July 18, 2001)

Misinterpretation of the 14th Amendment to the US Constitution

Fred Elbel.

Website by Fred Elbel, Elbel Consulting Services, LLC

Quite simply, the Fourteenth Amendment currently is being interpreted to grant automatic birthright citizenship to children born in the United States of illegal alien parents (called anchor babies because under the 1965 immigration Act, they act as an anchor that pulls the illegal alien mother and eventually a host of other relatives into permanent U.S. residency). This clearly is contrary to the original intent of Congress and the States in ratifying the Fourteenth Amendment.

While it has been the practice to bestow citizenship to children of illegal aliens, this has never been ruled on by the Supreme Court.

Professors Peter Schuck and Rogers Smith have noted1 that:

“The present guarantee under American law of automatic birthright citizenship to the children of illegal aliens can operate…as one more incentive to illegal migration and violation by nonimmigrant aliens already here [.] When this attraction is combined with the powerful lure of the expanded entitlements conferred upon citizen children and their families by the modern welfare state, the total incentive effect of birthright citizenship may well become significant.”

References

1.   Professors Peter Schuck and Rogers Smith, “Consensual Citizenship” (Chronicles, July 1992)

Any tax without prior voter approval is a bad tax

For those Missourians contemplating buying or selling a motor vehicle to another person, the purchase of that vehicle just became more expensive.  On February 18, 2013 the Missouri Senate passed Senate Bill 182, a bill regarding levying a local sales tax on all motor vehicles sales.

SB 182 stops counties and municipalities from collecting a local use tax on the sale of motor vehicles, trailers, boats, or outboard motors. Instead of a use tax, local government entities will impose a local sales tax on the sale of all of the aforementioned items, regardless of whether they were purchased in Missouri. The home address of the buyer is used in determining what local tax rates apply.

The total sales tax for motor vehicles, trailers, boats, or outboard motors sold at retail is the sum of the state sales tax (4.225%) plus the local sales tax (varies according to locality). The sales tax for all non-retail sales of the preceding items is the sum of the state highway use tax (4.00%) plus the local sales tax (varies according to locality).

All counties and municipalities that did not previously approve a local use tax must put to a vote of the people whether to discontinue collecting sales tax on non-retail sales of motor vehicles. If a local government does not hold such a vote before November 2016, the taxing jurisdiction must stop collecting the sales tax. Counties or cities may at any time hold a vote to repeal the tax. Language repealing the tax must also be put to a vote of the people any time 15% of the registered voters in a taxing jurisdiction sign a petition requesting such.

Why did the Missouri Senate pass this bill?

Quotes from several state and local elected government officials, business advocacy organizations, and local car dealers in a Southeast Missourian article titled “Sales tax fallout hits dealers, others” dated February 21, 2013,  stated a “level playing field” is needed between the car dealers in Illinois and Missouri. Whenever officials allude to fairness, bad things happen. One can conclude these officials support a statist approach to concentrating economic controls in the hands of the government. Being “fair” to all car dealers in Missouri can encourage an overall centralization of economic control at the state level.

The proper role of government is to protect equal rights, not provide equal things. This bill violates the rights of local governments by intruding upon the taxing authority a local government has with its citizenry. The state senators want to dictate to locally elected officials of Missouri how to run their communities. This is a huge usurpation of power of the state from the counties and cities.

Each local government in Missouri has made a social contract with its citizens. The contract provides for public order, protection of property, and access to public services such as highways, roads, and sewer. The citizens and their local governments determine the limiting of rights and the duties of each other.  The Missouri Senate overstepped its authority by directing local governments to collect sales tax on the purchase of vehicles without a vote of the people at the local level. Although there is a requirement to put the measure on the ballot of counties and municipalities that did not have a use tax prior to the passage of SB 182, it is a deep-rooted “Principle of Liberty” to get voter approval before imposition of a new tax. The Senate’s action in regards to the SB 182 smacks of governing at their whim rather than by law.

Even though SB 182 has passed in the Senate, the bill must go to the House. The Senate and House need to agree to the final language of the bill before sending it to the governor for his signature. The governor can veto the bill or sign it into law. But that is not the end of it. At any time, with 15% of the registered voter in a taxing authority’s jurisdiction signing a petition to put it on a ballot, the voters can nullify the tax.

It is time we send a strong message to the Missouri Senate by directing our local elected officials and our state representatives to kill this power- grabbing bill before rather than after it becomes law.

Also On FBI’s Most Wanted List: Blueprint For Missouri

As scarce as details on the Missouri Caucus, we have a new entry into the cloudy world of Missouri Politics.

This tidbit and tease also came in the most recent Capitol Reports from Cape County’s Representatives: It is “The Blueprint For Missouri”.  I suspect that’s something akin to the “Contract With America of 1996”.

There are several issues the House will debate during the 2012 Legislative Session.  The principle agenda here in the Missouri House is called the Blueprint for Missouri. The Blueprint is our plan to move Missouri forward. The program rests on four important issues: protecting taxpayers, creating jobs, reforming schools and protecting our values.

And, I say ‘tease’ because they must be teasing the plan and preparing the grand press release for… …say… …2013.

I searched the webernets for ‘Blueprint For Missouri’.  Many, many pages of links were returned, so I reviewed the entries on the first 5 pages of Google links — 50 in all.  From that I opened 13 web pages that looked promising, and the actual blueprint was only mentioned here and here and here and here and here and here.

What I didn’t find was an official Missouri House, Senate, GOP or Republican web page or press release describing in detail the bullet points in the “Blueprint For Missouri”.  Many of the pages were articles with vague descriptions of the purported document, and only one web page had what may or may not be a comprehensive list… …assuming the MO GOP was kind enough to share it with them.

Hey Republicans; how about we get the details of this Blueprint out on, say, MOGOP.org?!?! …along with a detail list of the non-tentative locations of the caucuses.  I’m sure there are several issues on the Blueprint for which Missouri activists could lend their support!

h/t vanpeltsales.com

MO Legislature Has Innovative Idea To Spur Job Creation

Yes! In two of the Capitol Reports received via e-mail from Cape County’s state Representatives, it is confirmed!  Missouri has an innovative idea to spur job creation!  Are you ready?!?!

They’re gonna make a list.

Stop clapping.  Hold the applause.  Hang on to your panties.

From the Capitol Reports of Wayne Wallingford and Ellen Brandom:

Putting Missourians back to work will be a priority again this session.  Last session, we took several steps to create jobs.  We cut taxes on small businesses adding new employees, eliminated the franchise tax and adopted several measures to improve the business climate.  But with an unemployment rate still above 8%, there is still work to be done.

One innovative idea to spur job creation is the Entrepreneur Virtual Resource Network.  This new program would provide resources to the Department of Economic Development for a website that pools the information needed to start a small business in the state.

Entrepreneurs are the lifeblood of job creation, but they often need assistance in navigating the regulatory hoops necessary to create their business from scratch.  This website will give them a one-stop shop on how to get their idea to the marketplace.

At least they’re saving money and time by collaborating on the text of their Capitol Reports (or Leadership is writing them).

h/t www.clotureclub.com/

Now, I’m all for getting information out via the Interwebs; that’s how I make my living.  But to claim that making a long list of the laws, rules, and regulations that stand in the way of starting or expanding a business in Missouri will create jobs is laughable.

Here’s a better idea.

  • Go ahead and make the list, but save the time and effort of creating the web site
  • Then, order the list by necessity of the law, rule, regulation from greatest to least
  • Finally, write and pass a bill to repeal all the laws, rules, and regulations on the bottom half of the list

There you have it.  One half of the red tape that ties down job creators is cut.  Missouri is job friendly.

Happy New… …40,000 Laws!

As New Year’s Eve passed, news stories started running to remind us that 40,000 new Local, State, and Federal laws had gone into effect — likely 39,999 attacks on our freedoms.

I assumed some of those laws were from Missouri, so in an e-mail, I suggested to Cape Girardeau County’s Missouri State Legislators that they include the list of new Missouri Laws be included in their next weekly Capitol Report e-mails.

I got a quick lesson, compliments of Missouri Senator Jason Crowell, about the Missouri Constitution.  He was kind enough to have his Legislative Assistant, Ryan Nonnemaker, provide some good information on Missouri’s new laws.

First, Missouri Laws, when enacted without an Emergency Clause, always go into effect on August 28th.  That was my Constitutional lesson for the day.

Next, he provided a link to the Missouri Senate Web Site that listed all the ONE HUNDRED SIXTY-SIX new House and Senate originated bills that were Truly Agreed and Finally Passed.

How about, in 2012, we have a NET REDUCTION of 166 laws?!?!

Consent Of The Governed Rally – Jefferson City – 1/4/12

To view images, click Enable Remote Content or Display Images
Rally Day: Wednesday, January 4, 2012 — Jefferson City, MO — 10:30 a.m. to 11:30 a.m.
Join Us at the Consent of the Governed Rally
Please mark your calender and pass the word on!
Does it really matter if you stay home?
YES!
It matters because there is no way for our elected officals to know the citizens are watching unless they see us at the Capitol!
You know that old saying: “out of sight; out of mind.”
Are the citizens of Missouri still awake? Are they watching?
This rally is organized to help people like YOU be seen and heard.
A large turnout shows that it’s not just a few “squeaky wheels” in Missouri whining about government spending.
YOU can be part of real change in Missouri.
Will YOU be heard this year?
Jefferson City on January 4 
Opening Day of the Missouri Legislative Session
10:30 a.m. -11:30 a.m.
Come Early

The program will include a review of key issues of concern to conservatives and a variety of guest speakers.  Attendees will be given a packet of information and encouraged to meet and get to know their representative and senator while they are at the Capitol.

We will rally on January 4 to celebrate the Missouri Constitution and send a message of encouragement to our lawmakers.  Each Senator and Representative will be given an 11 x 14-inch framed and matted document that has the Preamble to the Missouri Constitution and the first four sections of Article 1. (Read framed language.) Will you help support the cost of providing one of these beautifully framed and matted document to our legislators by making a small donation to help us cover the cost? You can do this by going to www.mocc.spruz.com.

For liberty,

Sponsors of the Consent of the Governed Rally

Thank you to our financial sponsors:

Missouri Campaign for Liberty
Concerned Women for America of Missouri
Warren County Patriots
Mid-Missouri Patriots
Coyne Agency Inc.
Callaway Patriot Tea Party
Todd Isaac Skelton (Ike)
If you would like to donate, go here.
Please forward this information to your list and invite other groups to participate.  We want to help start the new session with a strong message of unity and support for the cause of liberty.
Speakers
Dave Roland
Rep. Ed Emery
David Linton
Ed Martin
January 4, 2012
1st. Floor Rotunda, Capitol Building, Jefferson City, MO

Itinerary:

9:30 – 10:30:  Come Early for Assistance locating your Rep. & Senator
10:30 – 11:30:  Speakers
11:30 – ?:  Presentation of Documents
Visit with your senator and rep in their office.
 Organization Sponsors
Franklin County Patriots Missouri Campaign for Liberty Missouri First
Concerned Women for America Mexico Patriot Tea Party Sullivan 9/12
Missouri Precinct Project Crawford County Campaign for Liberty Cooper County Patriots
Branson Tea Party Coalition Eureka Tea Party Mid-MO Patriots
St. Louis Tea Party Coalition Lebanon Tea Party Sikeston Tea Party
I Heard the People Say Capital TEA Party God and Country
Show Me Patriots National Eagle Forum Cape County Tea Party
Macon County Patriots
If your group would like to co-sponsor this rally,
please email ruthlcarlson@gmail.com for more information.

Who Would Oppose ‘No More Tax Forms’?

One of the bonuses for getting out of the world of the Income Tax is that, with consumption taxes, you don’t fill out any forms at the end of the year.  My 2010 Tax filing for the State Of Missouri included the forms:

  • MO-1040h/t wfpl.net
  • MO-A
  • Add’l Dependents
  • From 1040 (Federal)
  • Schedule A (Federal)

My Federal Income Tax filing include the forms:

  • Form 1040
  • Schedule A
  • Schedule D
  • Schedule E,p2
  • Form 5695
  • Schedule M
  • Capital Loss Carryforward Worksheet
  • Tax Payments Worksheet
  • Charitable Contributions Worksheet
  • Student Loan Worksheet
  • Carryover Worksheet

Of course, there’s no way the average American knows all the forms to be completed and either uses a program to complete their taxes or seeks the services of a professional.  Costs, including fees for electronic filing and direct deposits, exceed $150 per year.

Get rid of income taxes; get rid of all those forms!

Enter United For Missouri, Let The Voters Decide, and Art Laffer (who must have been a zygote when he was cheif economist for President Reagan).  These groups are working in Missouri to end the Income Tax in favor of a State Consumption (Sales) Tax.  There is extensive information available on their web sites about the benefits of the switch to a Consumption Tax.

But, the usual big government / big money / deep pocket forces are lining up against what’s best for Missouri and America.  A report from John McMillen about the opponents to the plan crossed my e-mail today:

Wednesday night 11/2/11. Just got back from St. Louis…”Let Voters Decide” held a conference at the Double Tree Hotel conference room in Chesterfield, on the 2012 initiative to replace Missouri’s income tax with an increased sales tax.

Art Laffer, Reagan’s chief economic advisor, dubbed the father of supply side economics, was guest speaker. Doctor Laffer had reviewed the analysis of the “Let Voters Decide” proposal and was highly complementary of the proposal and very excited about what it will do to bring business incentives and a job growth environment back to the state of Missouri.

Missouri currently ranks 48th (that’s 2nd from last) for economic growth among all states in our nation. We can not continue allowing this current corrupt income tax system to be used by politicians as mechanism to pick winners and losers, rewarding their political backers and donors through tax credits, and special tax loop holes for their lobbying friends while conversely punishing the rest of us taxing (forcing from us) what we EARN all in order to advance their political agenda.

Dr. Laffer was very optimistic that the “Tax Relief for Missourians” initiative making it to the 2012 ballot and being voted in by the people.

However, this is going to be a hard fight. There is heavy opposition mounting to keep the people’s earnings subject to the will of state politicians, instead of the rightful owners of those earnings… the people who earn it.

Claire McCaskill’s 2008 campaign manager has joined forces with the opposition group “the Missouri Budget Project” and is putting together a coalition of opposition forces mimicking our “United for Missouri’s Future” by adopting the name “Coalition for Missouri’s Future”…. one thing is for certain, Missouri’s future and the future of Missourians is definitely at stake.

This new coalition is made up of Chambers of Commerce in some areas, AARP, Missouri School Board Association, the Teachers Union, Missouri Broadcasters Association, Missouri Realtors Association.

Thousands of Missouri citizens, members of these organizations will be sadly misinformed and scared into refusing to listen to both sides to make a rational logical decision.

In addition to this, there will be boat loads of special interest money from the usual left wing sources flooding our state to defeat this measure.

Dr. Laffer is correct. The entire political landscape of the nation will be focused on this battle. We have the opportunity for Missouri to be the first state in the union to abolish the income tax that taxes what YOU earn, and replace it with a tax on what YOU choose to SPEND. YOU pay your tax when YOU VOLUNTARILY choose to SPEND; NOT through COERCION FROM AN ALL POWERFUL STATE.

Jim Moody is the chief lobbyist and spokesperson for the Missouri Budget project. Mr. Moody is a former republican Missouri House member and budget committee chairman under Ashcroft. This of course always heavily emphasized in media releases and is touted to imply serious credibility.

However, one of the chief proponent spokesmen for this initiative is Carl Bearden, also a former republican House member and former speaker pro tem and also a former chairman of the House Budget Committee who was term limited out in 2007. But this highly credible item is never mentioned in any press reports on this controversial and extremely critical issue.

Mr. Bearden has formed a coalition of United for Missouri’s Future, Missouri Club for Growth, and Let Voters Decide.

Here‘s an AP press release telling only one side of this issue which is typically the case. The central message is their usual false assertions that getting rid of the income tax and replacing it with an increase in state sales tax on a broadened tax base is: “regressive” “hurts the poor and the elderly” “unfair” “bad idea” “decreases revenues” etc, etc. this is their usual tired worn out rhetorical talking points which are all blatantly false because they ignore offsetting positive features in the proposal that neutralize or eliminate these negative assertions and assumptions.

The only way we can win our freedom from the evil dibilatating effects of the income tax is for all grass roots conservative organizations to join ranks with “Let Voters Decide” stand up and fight back against this well funded, well connected, media favored, deceptive opposition coalition that gets diverted funds from various unions, liberal progressive donors, and front groups created with George Sorros funding.

It will take a cooperative active network of like minded conservatives to educate and spread the facts to our friends, family, and neighbors.

I appreciate the opportunity to share as Paul Harvey would say, “The rest of the Story” with facts and data that exposes the truth so YOU CAN DECIDE intelligently for yourself.

Check out these sources to do some research on your own, if you haven’t already.

Democrats and certain establishment Republicans crave big government power and graft.  They will forever fight against true simplification of the tax structure, and it’s up to Conservatives and Libertarians to join the battle to complete this mission.