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Governor Schweitzer Says 14th Amendment - Citizenship Bill Unconstitutional

By KFBB News Team

Story Created: Feb 7, 2011 at 11:32 PM MDT

Story Updated: Feb 8, 2011 at 2:36 AM MDT

As citizenship issues have played out in the Arizona headlines for months, a Montana lawmaker brought some of that controversy to the Capitol today.

Republican Representative James Knox's House Bill 392 would re-define Montana citizenship. It would also affect the definition of citizenship upon birth.

Many argue that it attempts to change the 14th Amendment but Knox says it is simply a state's rights issue. Only one person testified in support of the bill, while four sitting Legislators and a large majority opposed the measure.

Currently, if a child is born in the U.S. they are automatically a citizen of the United States, however House Bill 392 would require a parent to be a legal citizen, as to not automatically give such status at birth.

The bill would also deny citizenship to dual-citizens, such as those who belong to an Indian Nation, although Knox says an amendment to include Native Americans will be made.

"I’ve heard all kinds of figures from $32 million to $64 million that we pay out in related services to illegal aliens so we are affected by it, certainly not as much as let’s say Arizona," says Representative Knox.

"Bills like this, that try to rewrite the 14th Amendment, bills like this that try and say some citizens are better than others or some children are better than others is wrong -its un-American," says ACLU of MT's Public Policy Director, Niki Zupanic.

Governor Schweitzer issued a stern warning today that he will veto unconstitutional bills. Representative Knox's measure was named as one of the over twenty Republican-backed bills the Governor says he will not sign.

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mascapc said on Wednesday, Feb 16 at 8:05 AM

It is obvious to Mr. Knox that the words "all men (humans) are created equal" don't mean very much. Quite simply a U.S. citizen is any person born on United States territory. This is a constitutionally quaranteed right that any 5th Grader knows. Obviously Mr. Knox is not smarter than a 5th Grader. This country cannot fix issues related to immigration (illegal or otherwise) by developing divisional classifications of citenzenship. This kind of thinking only feeds into division of the democratic process and is indicative of a part of our political society that engages in un-democrative philosphy. The US is bigger and stronger because of its diversity of cultures, religions, histories and points of view. I do not agree with Mr. Knox's point of view but I will as a citenzon defend his right to express such view.

bigtexan said on Tuesday, Feb 8 at 11:56 PM

wow, i thought after leaving an intelligent comment i might get some actual intelligent feedback, but i guess i was wrong. maybe or society is going down the pooper??? hmm i wonder the percentage of americans actually know their american constitional rights, im sure the percentage is low:(

Anonymous said on Tuesday, Feb 8 at 8:52 PM

Do you guys know that each year, thousand of foreign pregnant women travel to America, only to give a birth to an American baby.

borderraven said on Tuesday, Feb 8 at 8:42 PM

I fail to see where hard working is a qualification for US Citizenship, but allegiance is.

US Citizenship said on Tuesday, Feb 8 at 8:21 PM

If we go back before 1776, Would it be that since Native Americans and Mexicans were the first inhabitants of this continent any foreigner who came after would be the alien and all children born to immigrants would not be a US citizen? Citizenship of the United States should be granted to all individuals born here and civil and human rights should be granted the same all across the board (Native Americans, Mexicans, Asians, Europeans, etc...

borderraven said on Tuesday, Feb 8 at 7:15 PM

States need to decide what is best for the state and nation to follow either Partus Sequitur Ventrem (the child follows the womb, that is the mother) or Partus Sequitur Patrem (the child follows the Condition of the Father). In insurance cases the sequence of death is father, mother child. We pass the family surname and estate from the father to the child. Paternity cases enforce the duty of the father to care for the child.

borderraven said on Tuesday, Feb 8 at 7:05 PM

14th says a person born in a United State and subject to State law is a citizen. The Constitution unites the states, who by the 14th must recognize as citizen of one is a citizen of the state where present. State can determine electors's residence requirements. Children should follow the combined citizenship of their parents. If one parent is a 8USC1401 citizen, then jus sangunis the child is a US Citizen and dual national. If both parents are 8USC1401 citizens, then jus sanguinis the child is a US Natural Born Citizen. If no parent is a US Citizen, then the child is jus sanginis alien nationality of both parents, and consular jurisdiction applies.

wolfcat said on Tuesday, Feb 8 at 1:38 PM

This bill is bull. The wars I didn't agree to take up more of my family's tax dollars than the illegal aliens that I don't mind. Worry about the big issues and leave hard working people and innocent kids alone.

middleoftheroad said on Tuesday, Feb 8 at 1:11 PM

way to go knox! lets make all of the native americans aliens, thats a novel idea. Whoops, I forgot they think we are the real aliens. You D.... A..!

trlab8 said on Tuesday, Feb 8 at 11:51 AM

If the "illegal aliens" have a child in the United States, then that child is also an illegal alien,! PERIOD!! Hey Big Texan, your spell check must be on the fritz!! Really is spelled r-e-a-l-l-y, not rily!!

bigtexan said on Tuesday, Feb 8 at 10:10 AM

i dont understand how represenatives like Knox come to power if they dont even know the basic US constitional rights....it just boggles my mind how idiotic this Knox person rlly is

A brass pair ! said on Tuesday, Feb 8 at 9:41 AM

Bravo ! svivar9087=D

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