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To: Boogieman

I think you are confused.
Critics erroneously believe that anyone present in the United States has “subjected” himself “to the jurisdiction” of the United States, which would extend citizenship to the children of tourists, diplomats, and illegal aliens alike.

But that is not what that qualifying phrase means. Its original meaning refers to the political allegiance of an individual and the jurisdiction that a foreign government has over that individual.

The fact that a tourist or illegal alien is subject to our laws and our courts if they violate our laws does not place them within the political “jurisdiction” of the United States as that phrase was defined by the framers of the 14th Amendment.

This amendment’s language was derived from the 1866 Civil Rights Act, which provided that “[a]ll persons born in the United States, and not subject to any foreign power” would be considered citizens.


103 posted on 08/30/2023 11:38:15 AM PDT by JayGalt (A proud slave must be broken before the contagion spreads. Ever was it thus.)
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To: JayGalt

“Critics erroneously believe that anyone present in the United States has “subjected” himself “to the jurisdiction” of the United States, which would extend citizenship to the children of tourists, diplomats, and illegal aliens alike.”

Not to diplomats, since they are not under the jurisdiction of US laws, since they have diplomatic immunity. But otherwise, you are in fact describing the situation as it currently stands, as interpreted by the courts.

“The fact that a tourist or illegal alien is subject to our laws and our courts if they violate our laws does not place them within the political “jurisdiction” of the United States as that phrase was defined by the framers of the 14th Amendment.”

Except they didn’t define it, at least not within the text that they made legally binding. If they had nobody would be arguing about it. Well maybe the left still would, but not reasonable people.


133 posted on 08/30/2023 12:14:45 PM PDT by Boogieman
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