Faun
Diamond Member
- Nov 14, 2011
- 124,355
- 81,200
Of course it did, and does. Being subject to the jurisdiction means what it has always meant — being subject to the laws and courts. The only ones who are not are foreigners who are diplomatic ministers.Allegiance doesn’t matter to jurisdiction.
If the United States doesn’t have jurisdiction over an individual, then that individual can commit a crime in the US with immunity.
No reasonable person would seriously argue that simply because someone has allegiance to a foreign country, they could murder an American citizen and get away with it.
No, I never said that. Subject to the Jurisdiction Therein meant that they have no allegiance with another country period.
So in my scenario, let's say China wanted to sneak in a dirty bomb using this Chinese citizen of theirs who is (by our standards) an American citizen. Much easier to do being an American citizen than being a visitor of some kind. Or you can even use any country from the middle-east for that matter.
Allegiance has nothing to do with jurisdiction.
If any person of any citizenship commits a crime in the US, unless they have sovereign immunity, the US has the power to prosecute that person. That’s what jurisdiction means. Allegiance is irrelevant.
Birthright Citizenship | Federation for American Immigration Reform
Again, that link does not refute that a person in the United States is under the jurisdiction of the United States, regardless of citizenship.
All it does is say that “some scholars argue” allegiance of a child of illegal aliens without postulating why. It does not argue that a foreign national who commits a crime in the US isn’t under the jurisdiction of US law.
It has nothing to do with law and breaking the law. So do tell: what do you think the clause meant? If they wanted for anybody to drift over and have American children regardless of the citizen status of the parents, why include that clause?
What it meant was that in order to have an American baby, the parents had to be Americans themselves. That's the argument the Supreme Court will eventually hear and decide on.