Needless to say, Obama's Labor Day speech proposing infrastructure spending to combat unemployment did not mention the only measure that will work: an immigration moratorium. (Nether did the GOP response). The fact is that Howard Foster, the Chicago-based RICO lawyer, has done more for American workers than either party by suing the employers of illegal aliens (he won a famous victory over Mohawk Industries earlier this year).

Foster recently posted an interesting blog arguing that the U.S. Supreme Court would probably find that the U.S.-born children of illegal aliens are not automatically citizens. Foster tells me the issue could be triggered by Congress passing a bill defining citizenship specifically (his preferred option) or limiting the Supreme Court's jurisdiction (which is possible but very unusual).

But Foster also says the issue could be triggered at the state level, by state officials asking for a "declaratory judgement" or by legislation or even litigation keyed to the definition of citizenship.

Immigration patriots have been driving the immigration issue at the state level recently because of the paralysis and perfidy of the Washington Establishment. But, who knows, maybe a GOP-controlled Congress might take show some self-preservation instinct. Anyway, it's something to add to the "concrete agenda" that Jim Antle just argued the patriotic immigration reform movement must develop.