Citizenship – The Conclusion

" .. Immigration policy should first benefit the citizens and lawful residents of the United States. "

presidentReflection on the 14th amendment along with historic reference in parts I and II.

Wrapping up with the conclusion, we have a treat. Fuscaldo answers the questions many have had about a recent high profile announcement.  Enjoy!


An essential part of United States immigration policy is based on the executive branch’s current practice of extending birthright citizenship to children born in the United States whose parents are either illegal aliens; a temporary nonresident alien (guest worker) living in the United States, or aliens lawfully in the country for a limited time and purpose.

This practice has never been authorized by any statute or court decision. There is no Supreme Court decision squarely holding that children born in the United States to illegal aliens or temporary nonresident aliens (guest workers) living in the United States are automatically citizens of the United States.

Immigration policy should first benefit the citizens and lawful residents of the United States. This is a function of national sovereignty. Citizens and lawful resident aliens of the United States should be justifiably concerned with an immigration policy that is solely determined and implemented by the executive branch of the government for political and electoral purposes without the consent of the governed through Congress.

The denial of birthright citizenship to the children of illegal aliens or guest workers born in the United States does not visit the sins of the parents on the children as is often claimed. The children of illegal aliens or guest workers born in the United States are not being denied anything to which they have a right.

Congress must consider the wisdom and legality of granting automatic United States citizenship to the children born in the United States to either illegal aliens; children born to temporary nonresident aliens (guest workers); birth tourists or other categories of foreign visitors who are taking advantage of an unjustifiable administrative interpretation of the Citizenship Clause of the Fourteenth Amendment. This review should precede any discussion about comprehensive immigration reform. The focus must be on what the Constitution provides. Immigration reform that erodes the sovereignty of a nation under the guise of “temporary or flexible transnational citizenship”, is a step closer to the destruction of a free standing and sovereign constitutional republic.


Now, the natural born citizen question has many facets.  One of those is the eligibility question asked of those who would assume the mantle of president.  As we prepared this series, Texas Senator Ted Cruz announced his bid to be president of the United States.  We posed the question to Mr Fuscaldo; “Can Cruz be president?”  He replied:

“Ted Cruz was born to a woman who was a U.S. citizen at the time of his birth even though she resided in Canada. As far as we know his mother never renounced her U.S. citizenship, nor did Ted Cruz renounce his U.S. citizenship (based on his acquired mother’s citizenship at the time of his birth)  after attaining the age of majority. 
Consequently, both he and his mother were always “subject to the jurisdiction” of the U.S. regardless of where they resided. The clause “subject to the jurisdiction of the U.S.” in the citizenship clause of the Constitution is an allegiance and loyalty test. It is NOT a physical presence test as some are led to believe (refer to the legislative debate at the time the Fourteenth Amendment was adopted as to the meaning of “subject to the jurisdiction”, and as set forth in the memorandum). 
An example that illustrates this point is this. The birth of a child to a U.S. mother who is residing in a foreign country as a diplomat or wife of a diplomat is a U.S. citizen. Consequently, rational thought and the rule of reason mandates that the child of a Mexican woman who is in the U.S. illegally, or on a temporary work permit or student visa is NOT a U.S. citizen. The child acquires the citizenship of the mother. Both the child and mother are illegal aliens and both should be deported.”
About damn time we settle that.
Thanks Jim.

About James J Fuscaldo

James Fuscaldo is a retired attorney with degrees in law and science. He has a Bachelor of Science in Pharmacy from Drake University in Des Moines, Iowa, and a Juris Doctorate in Law from John Marshall Law School in Chicago, Illinois.  He was employed by Broadlawns Polk County Hospital in Des Moines, Iowa; Eli Lilly and Company, Indianapolis, Indiana; Northwestern University Medical School, Chicago, Illinois, and The Dow Chemical Company, Midland, Michigan before retirement.

He had been actively engaged in the following areas of the law during his 30-year legal career with The Dow Chemical Company.

  • International Law. ( European Economic Community and Latin America)
  • Intellectual Property Law.
  • Commercial Business Law, including compliance with Federal Antitrust and Unfair Competition Laws.
  • Federal Bankruptcy, Mergers and Acquisitions.
  • Federal, Food, Drug and Cosmetic Law and compliance with Federal Trade Commission Regulations.
  • Product liability litigation pertaining to prescription and nonprescription drugs.

James served as General Counsel for Dow Chemical Latin America and General Trademark and Copyright Counsel for The Dow Chemical Company and was a member of Dow’s corporate legal management and supervisory team before retirement from Dow. In 2013, he received a Constitutional Defender Award from the Constitution Celebration Committee, and has been active in local politics in Northwest Michigan for several years.

You Betcha! (11)Nuh Uh.(2)

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