g5000
Diamond Member
- Nov 26, 2011
- 125,528
- 69,239
I don't think you understand the concept of jurisdiction.It's also not what the Amendment says. It says AND subject to juisdiction. Otherwise there would be no need for a statement about jurisdiction at all. Or it would have said ARE subject to jurisdiction. Clearly two events confer citizenship. Born in the United States and subject to US jurisdiction.The 14th amendment text says anyone born here who is subject to US jurisdiction is a citizen.Thanks, I have seen and reviewed this material. Frankly, I believe it to be totally irrelevant, especially the much touted comment made by Howard, the so called author of the amendment. Obviously he wasn't the only author because the statements he made two years before the amendments passage were not reflected in the finished product that became the 14th Amendment. Unless some historian uncovers and reviews stacks of old letters and documents and tells us differently, for all we know a bunch of Senators might have approached Howard moments after his statement was made and told him his thoughts were not going to be considered and were being rejected. It's all just speculation. All we have is the finished product to review and that definitely shows rejection of Howard's thoughts on the topic.I have provided two legal authorities several times.There has been plenty of time for the recognized Constitutional scholars and experts to examine and analyse Trump's proposal to consider the 14th Amendment and the birthright clause adjustable or interpreted the way Trump needs to make his immigration policy workable. Where are they?
All the reviews I have seen have been by persons without genuine credentials to call themselves constitutional authorities. The one who does have that recognition, Ken Klutkowski, wrote an article for Brietbart that others are distorting. Klutkowski listed reasons why it may be possible to make a challenge that would be strong enough to get in front of a federal court or even SCOTUS. His views are being distorted and used as evidence of the feasibility of Trump's contentions as if they are decided facts, not as points of possible debate in a court.
Perhaps I am missing a review by a known and recognized expert. If anyone knows of one, please provide a link or clue about how to access that review. I am not interested in more reviews by commentators, journalist or bloggers. I am interested in reading a review by someone with experience and recognized as a constitutional authority. Party affiliation does not matter.
Here is the Congressional Record of the sponsor of the 14th Amendment talking about who is and who is not a citizen: http://www.14thamendment.us/articles/jacob_howard_on_14th_amendment_1866.gif
All persons born to parents under US jurisdiction are citizens. He explains only ambassadors and foreign ministers are not under US jurisdiction. He then later adds that American Indians are not under US jurisdiction.
Everyone else is.
Here is United States v. Wong Kim Ark: United States v. Wong Kim Ark | US Law | LII / Legal Information Institute
In the 1890s, Chinese foreigners in the US could not attain citizenship. There were bigoted laws on the books preventing them from doing so.
When Wong Kim Ark was born in the US to parents from China, the nativists felt that Wong Kim Ark was not allowed to be a citizen since he was of the Chinese race.
Though the law forbade his parents from being citizens, they were still under US jurisdiction, which meant Wong Kim Ark had birthright citizenship under the 14th amendment. So sayeth the Supreme Court in 1898.
Now we have modern day nativists who think the illegal status of the parents of a child born here means the child is not allowed to be a citizen.
The parents of the children born in the US are under US jurisdiction. Therefore, as explained by the sponsor of the 14th amendment, their children have birthright citizenship.
The "allegiance to a foreign power" gambit is a red herring which nativists think proves the children born to foreigners are not citizens. However, the fact that we grant citizenship to the children of foreigners here on a visa blows that out of the water. They have misread the law. The "allegiance" exception applies only to ambassadors and foreign ministers.
A foreigner here on a visa plainly does not fall under the "allegiance" exception, and so neither does an illegal immigrant.
The ONLY requirement for birthright is to be born to parents under US jurisdiction. An illegal immigrant, by virtue of being illegal, is intrinsically under US jurisdiction.
A kid born to an illegal immigrant inside our borders is subject to US jurisdiction. That makes them a citizen.
Very, very simple.
This means more than just obeying US laws. US citizens go to other countries all the time and do not become citizens of that country simply because they obey its laws.
When US citizens go abroad, they are under the jurisdiction of the county they are visiting. When foreigners come here, they are under the jurisdiction of the United States. If they give birth here, their kid is a US citizen.
The reason "and" was used in the sole condition for citizenship is because foreign ambassadors have diplomatic immunity and are not under US jurisdiction. Even though they are physically here, their diplomatic immunity means they are under the jurisdiction of their home country.