Rob McCoy:  “Build the Wall”



By Michael Hernandez

NEWBURY PARK—“No one should be able to enter your home illegally or your sovereign country illegally,” said Councilman Rob McCoy.  “If you want to enter America, you must abide by the laws, as we abide by the laws.  We must sustain the laws to establish a society of equals.”

The 14th Amendment ratified July 9, 1868 says:   “All persons born or naturalized in the United State and subject to the jurisdiction thereof, are citizens of the United States and of the State where 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.”

According to McCoy, the founders “rejected birthright citizenship” but rather wanted to address how “slave traders took African Americans from their homeland” to the plantations and were under the sovereignty of a master.  Americans wished to address this issue with the 14th Amendment.  They were in agreement with the Massachusetts Constitution of 1780 which stated:   “The body-politic is formed by a voluntary association of individuals:  it is a social compact by which the whole people covenants with each citizen and each citizen with the whole people.  That all shall be governed by certain laws for the common good.”

McCoy stated that the meaning of the 14th Amendment was changed with the U.S. Supreme Court ruling of 1898 in the case of the United States v. Wong Kim Ark in which the court ruled that “a child born in the United States, of parents of Chinese descent, who at the time of his birth, are subjects of the Emperor of China, but have a permanent domicile and residence in the United States and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, automatically become a U.S. citizen at birth.  This decision established an important precedent in its interpretation of the Citizenship Clause of the Fourteenth Amendment to the Constitution.”

According to McCoy, the point of contention is the wording “subject to the jurisdiction thereof” means subject to living under the laws of the Constitution.  The Supreme Court majority concluded that this phrase referred to being required to obey U.S. law.   This decision presents some problems:

  • Birthright citizenship is extended not to subjects but to citizens not beholden to a ruler or king; but to “obeying” laws. McCoy said:  “The 1776 Virginia Declaration of Rights states:  ‘That no free government or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality and virtue and by frequent recurrence to fundamental principles.”
  • Immigration rights vs. national sovereignty: “We have a sovereign border” and a major problem happens when someone “outside our sovereign land refuses to obey the laws.”  McCoy stated that Article 1: Section 8 states:  “The Congress shall have Power To…establish an uniform Rule of Naturalization.” According to McCoy:  “We are a land of immigrants…and operate by a series of laws.  I am equal, you are equal.”

“The reason for the 14th Amendment and the reason for the wall is to “protect our sovereignty.  In our society we have the right to our property and we have the right to our national sovereignty.” If a person would not be able to legally enter our homes without our consent, we cannot allow a person to enter a sovereign nation without following certain legally stipulated guidelines.

McCoy ended his lecture with a Prager University video clip of Charles Krauthammer who proposes that America “regains control of our borders” while finding a “humane way to deal with 11 million illegal immigrants.”  His solution:  1)  build a barrier—a wall/fence; 2) adopt e-verify—to check on the legal status of workers; and 3)  adopt visa tracking procedures.


Michael Hernandez, Co-Founder of the Citizens Journal—Ventura County’s online news service, founder of History Makers International—a community nonprofit serving youth and families in West Ventura County, is a former Southern California daily newspaper journalist and religion and news editor. He has worked 23 years as a middle school teacher.  Mr. Hernandez can be contacted by email:

Mr. Hernandez is dedicating himself to advance the 13 spheres –as a “City Upon A Hill”; developing an interactive California citizens news platform as an alternative to mainstream media; while building local school-community partnerships.

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