Birthright Citizenship by Executive Order, JoSixChip wrote:
The question is, what does “and subject to the jurisdiction thereof” mean. I don’t know the answer to that.
anything else we can help you with please ask :)
“The question is, what does ‘and subject to the jurisdiction thereof’ mean. I don’t know the answer to that.”
It means that they are NOT subject to the jurisdiction of another country. If it did not mean that, then there would have been no reason at all to include the language “and subject to the jurisdiction thereof” in the amendment. If birthright citizenship was the intent then the amendment would simply have been worded “All persons born within the United States are citizens of the United States and of the states in which they reside.”
This is interesting.
Section 9 - Limits on Congress
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
It has always been clear to me especially when one considers the context in which the amendment was passed (see Dred Scott decision).
“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.”
IOW if one is born in the USA to persons who are subject to the jurisdiction of the USA, you are a citizen. Having one parent who is a USA citizen also qualifies you.
Ipso facto someone born on USA soil to two persons who are NOT USA citizens but are citizens of another nation, is by default a citizen of the parents country, not the USA.
As I said, seems simple to me.
Under Sec. 1992 of U.S. Revised Statutes the same Congress who had adopted the Fourteenth Amendment had enacted into law, confirmed this principle: “All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States.”
Who are the subjects of a foreign power? Thomas Jefferson said “Aliens are the subjects of a foreign power.” Thus, the statute can be read as All persons born in the United States who are not alien, excluding Indians not taxed, are declared to be citizens of the United States.