The 14th was never meant to apply to foreigners, as they are not “under the jurisdiction of” the United States.
They are still “under the jurisdiction of” their own country.
Their children are still foreign nationals.
The authors made that clear at the time.
Courts have muddied that up over time.
I pray we win 49 states. I am so sick of these people I want them to suffer
The author of the citizenship clause, Senator Jacob M. Howard of Michigan told us exactly what the 14th Amendment means and its intended scope as he introduced it to the United States Senate in 1866.....
“What I have offered is simply declaratory of what I regard as the law of the land already, that every person born here within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States.”
And now the most important part....
“This 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.”
Sounds like he was saying that children of foreigners and aliens will not be citizens of the United States.
The easy way to view this is with a little hypothetical.
Let’s say Ihlan Omar, a naturalized citizen, was involved in an Islamic plot to blow up ICE offices and murder ICE agents. In the process she and her co-conspirators import an ISIS bomb maker. For once the FBI is on its toes and busts the plot and all the plotters. Omar and the other US citizens involved in the plot could and should be prosecuted for treason because they are US citizens and participated in a treasonous plot to wage war against the US. The ISIS individual, although he could be prosecuted for terrorism, couldn’t be prosecuted for treason because he’s not a US citizen and, hence, has no legal obligation of loyalty to the US.
IOW, “jurisdiction” has two components: 1) physical jurisdiction where anyone in the US has to obey its general laws and 2) allegiance jurisdiction that requires citizens to give the US their allegiance, including not committing treason. If both parts of the definition don’t apply to somebody, as in the case of the ISIS individual, he’s not “subject to the jurisdiction” of the US to the point where his kids that happen to be born here can be deemed US citizens.