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To: Lurking Libertarian

You believe that do you? Then you have never read the opinion of the people who constructed the clause and placed it into the Fourteenth Amendment.

We can prosecute tourists who commit crimes here. Does that mean they give up their foreign citizenship when they step on US soil? I don’t think so.

I would agree that the intended meaning now has been misconstrued and has become what you believe it is. But the original intent was exact opposite.

A foreign national is under the jurisdiction of their own country. Black slaves had no jurisdiction other than the country they were enslaved in. The Fourteenth Amendment was created for them since they were under no other country’s jurisdiction. No tourist or illegal can say that. Or else those multiple foreign (Mexican) consulates that have opened on our soil issuing their own IDs (metricula consular) would have no ability to operate here. They are allowed to exist because illegals are under the jurisdiction of Mexico. Therefore, the Fourteenth Amendment does not apply to them.


19 posted on 01/07/2011 11:13:33 AM PST by Waryone (RINOs, Elites, and Socialists - on the endangered list, soon to become extinct.)
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To: Waryone
You believe that do you? Then you have never read the opinion of the people who constructed the clause and placed it into the Fourteenth Amendment.

The Supreme Court in Wong Kim Ark quoted from those debates, and came to the opposite conclusion than you.

We can prosecute tourists who commit crimes here. Does that mean they give up their foreign citizenship when they step on US soil? I don’t think so.

I never said foreign tourists became U.S. citizens; but, when they are here, they are "subject to the jurisdiction" of the U.S. That's why Wong Kim Ark, although the child of two aliens here temporarily, was held by SCOTUS to be a citizen.

I would agree that the intended meaning now has been misconstrued and has become what you believe it is. But the original intent was exact opposite.

Again, Wong Kim Ark is a lot closer in time to the 14th Amendment, and it interpreted the clause the way I do. But more importantly, what SCOTUS decided is what the law is now.

A foreign national is under the jurisdiction of their own country. Black slaves had no jurisdiction other than the country they were enslaved in. The Fourteenth Amendment was created for them since they were under no other country’s jurisdiction.

The issue of children of aliens was specifically discussed during the debates over the 14th Amendment. The primary focus was on ex-slaves, but the scope of the language adopted was much broader.

27 posted on 01/07/2011 1:59:45 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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