The BOR is nothing more than a worthless piece of paper if the concept of inalienable rights is only applicable on the federal level.
Bump for later.
Interesting, and thanks.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.
The Citizenship Clause did not originate from John Bingham but was inserted while the bill was under consideration in the Senate by Sen. Jacob Howard. The clause itself is straightforward and came with ample documentary construction over how "subject to the jurisdiction" was to be construed. Sen. Howard introduced the clause this way:
This [Citizenship Clause] will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.
Of course the only other class of persons left that can be considered is US Citizens. Sen. Howard later confirms just this when he said the Citizenship Clause "ought to be construed so as to imply a full and complete jurisdiction on the part of the United States, whether exercised by Congress, by the executive, or by the judicial department; that is to say, the same jurisdiction in extent and quality as applies to every citizen of the United States now."
Essentially then, the phrase "subject to the jurisdiction" was not used in any sense of geographical location -- but in the full sense of allegiance.
Supreme Court rulings that followed after the adoption of the Fourteenth Amendment confirms the adopted understanding of the Citizenship Clause beginning with the Slaughterhouse Cases in 1873 where the court held that the Fourteenth Amendment excludes the children of aliens.
Jumping to 1884, the court in Elk v. Wilkins 112 U.S. 94 (1884), held that the phrase "subject to the jurisdiction" requires "direct and immediate allegiance" to the United States, not just physical location. This is confirmed by the legislative history of the Fourteenth Amendment and the definition used by the Senate.
Everyone needs to read and comprehend the significance of this information.
Does anyone have a current list of email addresses?
Easy Does It
This really should get some attention.
Easy Does It.