If this woman's parents were not citizens of the US, neither is she, whether she was born here or not. Is my country claiming that anyone born on our soil is a citizen? That would be news to everyone. Surely, there must be some Australian authority who can intervene on this lady's behalf — and maybe suggest the law be corrected. This must be another example of our increasingly shabby political class passing a law before bothering to read it.
The federal government is at fault in its treatment of the woman, but that she is a citizen under US law there is no doubt.
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AMENDMENT XIV
Passed by Congress June 13, 1866. Ratified July 9, 1868.
Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.
Section 1.
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 wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
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http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html
Yes, a citizen she would be. Yet, when it was decided that she would be a citizen, there was no income tax. So it is the application of income tax law that is suddenly faulty. It's interesting that this would not be a problem before Obama, whose administration of the IRS has been suspect in the news, but lived by me. Suddenly, my accountant could not get the tax abatement due me, because of the new way the IRS was reading the same laws that ensured I would get my money. Obama has a very odd relationship with taxes that is peculiar to him as an individual.
ReplyDeleteIt certainly seems odd that a child born on U.S. soil to, say, parents who are both British subjects should be regarded as an American citizen. Amazing that a heap of trouble hasn't been caused by this long before now.
ReplyDeleteFrom what my friend tells me, as you may already have guessed, one class of person is benefiting mightily from the 2014 change in the US tax law under which she finds herself suffering: you guessed it - lawyers, the cockroaches of the professional class, some sometimes suggest. Most unfairly, I'm sure.
ReplyDeleteFrom what my friend tells me, as you may already have guessed, one class of person is benefiting mightily from the 2014 change in the US tax law under which she finds herself suffering: you guessed it - lawyers, the cockroaches of the professional class, some sometimes suggest. Most unfairly, I'm sure.
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