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To: sourcery
"Subject to jurisdiction" means more than than just physical presence on the soil, it entails sworn allegiance to the country as well as being a citizen. That was confirmed by the fact a tribal woman could give birth in a city hospital but not have her kid granted automatic citizenship. Why not if he or she was born within the territory of the country and subject to the jurisdiction of the US?

The fact is there were exceptions to the 14th Amendment, even when those kids were born in a city hospital on US soil. Children of illegal aliens are granted automatic citizenship not because of any court or legislative mandate, but out of tradition and only that.

27 posted on 02/17/2004 9:41:22 PM PST by Reaganwuzthebest
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To: Reaganwuzthebest
"Subject to jurisdiction" means more than than just physical presence on the soil, it entails sworn allegiance to the country as well as being a citizen.

Your definition is circular. Your statement reduces to "you're a citizen if you've agreed to be a citizen."

The 14th Ammendment is does not establish a protocol for determining, moment by moment, whether or not someone is a citizen. One does not become a citizen by virtue of coming under US jurisdiction, and then lose citizenship upon exiting--perhaps several times in an afternoon, if one lives very near a national border. From the language, the context of the times, and the preceding logic, it is clear that the question of jurisdiction clearly was meant to be of import at precisely one moment, and only at that moment: the moment of birth.

And the meaning of jurisdiction is also perfectly clear. It's dictionary definition:

  1. Law. The right and power to interpret and apply the law: courts having jurisdiction in this district.
    • Authority or control: islands under U.S. jurisdiction; a bureau with jurisdiction over Native American affairs.
    • The extent of authority or control: a family matter beyond the school's jurisdiction.
  2. The territorial range of authority or control.

32 posted on 02/17/2004 10:02:07 PM PST by sourcery (This is your country. This is your country under socialism. Any questions? Just say no to Socialism!)
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To: Reaganwuzthebest; sourcery
"Subject to jurisdiction" means more than than just physical presence on the soil, it entails sworn allegiance to the country as well as being a citizen

Reaganwuzthebest is correct. See my previous post for some similar commentary with regard to the difference between geographic jurisdiction and nationality/allegiance.

46 posted on 02/18/2004 2:53:46 AM PST by Regulator
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