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From the
National Center for Constitutional Studies...
"...a uniform rule of naturalization..."
By Earl Taylor, Jr.
Just the other day, our high school
French teacher came to me, and excitedly said, "Guess what! I am going
to become a citizen on Friday!" Here is a soft-spoken, wonderful woman
who treasures the thought of soon becoming a United States
citizen. She has quite a story to tell. Born in Mozambique, she moved
to Belgium at age 12, where she married and began her family. With her
husband and children, she immigrated to the United States nine years
ago. Her love for America is deep and rich. I have concluded that she
values her upcoming citizenship, perhaps more than most American-born
citizens.
When one considers all the great blessings of America - its
land, its climate, its topography - there is yet one resource
which the Founders considered more important than all the rest -
its people. Dr. Skousen explains:
A Nation's Greatest Resource
"A major element of the American success story is the fact that the
Founders considered a law-abiding, hard-working population of
productive people its greatest resource. Only a few nations appreciate
this point of view. Most of them suffer from a Malthusian complex with
imaginary nightmares of an overpopulated planet smothered with
people. Israel, on the other hand, with a territory one-eighth the
size of a state such as Idaho, has three times the population, and
still wants to double her population, because it would double her human
resources."
"The Founding Fathers had a similar attitude. John Adams said he
was looking forward to the day when the United States would have two
hundred to three hundred million people working and prospering
together."
"In the Declaration of Independence, there is a complaint that
George III "has endeavored to prevent the populating of these States,
for that purpose obstructing the laws for the naturalization of
foreigners, and refusing to pass others to encourage their migrating
hither." As with modern Israel, the Founders of the American colonies
were anxious to attract large numbers of immigrants to this
continent." (The
Making of America, pages 411-412)
It is interesting to note that the Founders knew that the
incredible freedom, which their formula would produce, would be the envy
of the world. It would attract predator nations; hence the need for a
strong and ready military to keep other nations at bay. Benjamin
Franklin even expressed the belief that if America kept its military
strong enough, we would not have to fight another war, because it would
soon "be thought proper to treat us not with justice only, but with
kindness, and thence we may expect in a few years a total change of
measures with regard to us." (The Five Thousand Year Leap, page 261)
The Founders felt the same way about what American freedom would do
for individuals living in other countries. Many would feel the pull of
American prosperity, and have the desire to come to America, where they
could experience real freedom. As a result, the Founders gave to
Congress the power to make rules for immigration and naturalization, so
that order could be kept, and the environment of freedom, morality, and
the protection of rights could be maintained.
James Madison, in the Federalist Papers No. 43, explained
why this matter of naturalization could not and should not be left any
more to the individual states, which had such varied and divergent
policies that it would cause more disunion than union. He said:
"By the laws of several states, certain descriptions of aliens, who
had rendered themselves obnoxious, were laid under interdicts
inconsistent, not only with the rights of citizenship, but with the
privilege of residence. What would have been the consequence if such
persons, by residence or otherwise, had acquired the character of
citizens under the laws of another state, and then asserted their
rights as such, both to residence and citizenship, within the state
proscribing them? Whatever the legal consequences might have been,
other consequences would have resulted of too serious a nature not to
be provided against."
Immigration and Naturalization
"The Supreme Court has sustained the position that the United
States has the right, inherent in a sovereign nation, to determine the
conditions under which persons shall be allowed to enter the country,
and the rules or provisions by which they may be naturalized. This
broad power allows the government to impose quotas, qualifications,
restrictions, and even outright prohibitions against certain classes
of immigrants. In the beginning, the immigration quotas favored the
Northern European population, and certain races or classes of people
have been totally excluded at times."
"Even under the Immigration and Naturalization Act of 1952 there
were thirty-one categories of aliens who were excluded from the United
States." However, the act of June 27, 1962, provided that "the right
of a person to become a naturalized citizen of the United States shall
not be denied or abridged, because of race or sex, or because the person
is married." (MOA, p. 412)
Requirements for Citizenship
Since the Constitution was written, over forty-five million
immigrants have flowed to the United States, from all over the
world. Most of them have come hoping to attain full citizenship as
"Americans." This takes at least five years. Here are the
requirements:
- The applicant must be at least eighteen years old.
- The applicant must have proof that he or she entered the
country lawfully.
- The applicant must have lived in the United States for five
consecutive years (three years, if the spouse of a citizen), and he or
she must have lived for six months in the state in which the petition
is filed.
- The applicant must be of good moral character, having two
citizens to testify to the fact. According to U.S. law, an alien is
not considered to be of good moral character if he or she is a
drunkard, an adulterer, a bigamist or polygamist (having two or more
wives at the same time), a professional gambler, a convicted murderer,
or if he or she has lied to the Immigration and Naturalization Service,
or has been in jail more than 180 days during his or her five years in
the United States.
- The applicant must demonstrate a knowledge of the history and
form of government of the United States, and must be "attached to the
principles of the Constitution."
- The applicant must demonstrate an understanding of the English
language, and be able to speak, read, and write words in common
usage. (This requirement is waived, if the applicant has a handicap
that does not permit him to do these things.)
The declaration of intention is filed with the Immigration and
Naturalization Service. Sometimes an investigation is conducted.
Eventually, the applicant is called in to be examined. If the results
are satisfactory, the applicant's file is sent to a court where the
applicant can be sworn in as a citizen of the United States, and
receive a certificate of naturalization. The oath of allegiance which
every naturalized citizen must take is as follows:
"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."
Once a person has been naturalized, he or she has every civil right
to which a "natural-born" American citizen is entitled – with one
exception. Only a natural-born citizen can serve as President or Vice
President of the United States.
The Current Problem of Illegal Aliens
With his background in law enforcement and national security,
Dr. Skousen expressed alarm, over twenty years ago, about the inflow
of foreigners, who were not being held accountable according to our
established laws of immigration and naturalization. He wrote:
"A major challenge facing the United States today is the problem of
illegal aliens. There are several million of them [estimated now to be
10-12 million] living in the United States, hailing from many
countries. Some of them have been here so long there is talk of
granting them amnesty, so they can begin preparing themselves for full
citizenship. However, it is recognized that a massive wave of illegal
aliens banded together with hostile or violent attitudes toward the
United States could be a serious threat to the internal security of
the country. Americans have always been sympathetic to those who have
come from abject poverty and brutal dictatorships seeking a better
life. However, in recent years, authorities have observed an
increasing number of illegal aliens, who are either professional
criminals or steeped in revolutionary ideology, with training in
terrorism. It is the responsibility of the federal government to see
that these conditions are corrected, so that criminal and revolutionary
aliens are not allowed to threaten the peace and well-being of the
American people." (MOA, p.414)
As can be readily seen from today's news reports, this issue is
extremely divisive, and at the same time, is getting extremely serious
for the nation. Most of us, knowingly or unknowingly, have probably
met people who have come into this country illegally. No doubt, many
have come here seeking a better life, or a better job, or better
opportunities for their children. No doubt, some have come for deviant
reasons, whether it be criminal or subversive. Being one who lives in
a metropolitan area within 150 miles of the Southern border, it is
easy to tell this is quickly becoming a crisis issue, with no peaceful
resolution in sight. Some have related it to the Prophet Micah's
prediction in the Old Testament, and repeated several times in other
scripture:
"And the remnant of Jacob shall be among the Gentiles in the midst
of many people as a lion among the beasts of the forest, as a young
lion among the flocks of sheep who, if he go through, both treadeth
down, and teareth in pieces, and none can deliver." (Micah 5:8)
Once again, The Founders' Constitution has Answers
Given this as well as other major problems facing our nation, the
Founders would surely say we have not been very good stewards of their
legacy. The violation of several principles of wise and good
government has caused these crises to develop:
- We have not held to the Founders' friendly-but-separate
philosophy outlined in the Monroe Doctrine. As we have meddled in the
affairs of other countries, we have made enemies, just as President
Washington said would happen. Now, our enemies are finding ways to
infiltrate and destroy us.
- We have not been the example and blessing to the entire human
race as we should have been. Our own internal immorality has given
other nations excuses to treat us as enemies. It overshadows the
charity we do give out to the world.
- We have created entangling alliances, which have drawn us into
wars and disputes not of our choosing or making.
- We have created welfare programs, which present a false hope to
the rest of the world, and encourages foreigners to think there is a
"free lunch" in America.
- We have gutted our intelligence gathering capability so that we
are not able to know where security risks are lurking within our own
country.
- We have tied the hands of our police agencies, so that effective
crime control is breaking down.
Oh, that we could look to the Founders' Constitution, and live
again in the full light of freedom, and invite the rest of the world to
truly follow our example. Someday, that will happen.
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