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? What about that context makes the footnote's language less applicable?
Brennan is stating that the Appellants (the State of Texas) are claiming that illegal aliens are not "within the jurisdiction" simply because they are here in violation of immigration law. Brennan is simply stating that they are "within the jurisdiction" just by being here and that the Appellants limiting claim isn't justified with prior precedence.
Now you show how they are magically "subject to the jurisdiction" of the State of Texas and thus "subject to the jurisdiction of the United States", and how this in some way grants birthright citizenship.
From Brennan Quote:
Appellants seek to distinguish our prior cases, emphasizing that the Equal Protection Clause directs a State to afford its protection to persons within its jurisdiction, while the Due Process Clauses of the Fifth and Fourteenth Amendments contain no such assertedly limiting phrase. In appellants' view, persons who have entered the United States illegally are not "within the jurisdiction" of a State even if they are present within a State's boundaries and subject to its laws.Neither our cases nor the logic of the Fourteenth Amendment support that constricting construction of the phrase "within its jurisdiction." [n10] We have never suggested that the class of persons who might avail themselves of the equal protection guarantee is less than coextensive with that entitled to due process. To the contrary, we have recognized [p212] that both provisions were fashioned to protect an identical class of persons, and to reach every exercise of state authority.
The Fourteenth Amendment to the Constitution is not confined to the protection of citizens. It says:
Nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. These provisions are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality, and the protection of the laws is a pledge of the protection of equal laws.
There is what Brennan was discussing when he brought up footnote 10. So how does "jurisdiction " in Plyler convey birthright citizenship?
Call me drunk, but I simply do not see the deductions you are making.
The statement that "within the jurisdiction" is the one in question here. The footnote highlights the relationship of the terminology used in EP and in the natural born citizen clause.
Thus, as we know they are "within the jurisdiction" we at least know that they are "subject to the jurisdiction of."
Wong Kim Ark has been giving "anchor babies" citizenship since before the term existed and it has been an issue for certain people for decades now. It is the status quo, if you were right it would be simple to take a case in front of a judge and argue that the status quo is wrong and yet it has never happened.
And yes, that is an appeal to authority as the other dude says. Its an appeal to every authority.
Wong Kim has done no such thing. So "status quo" trumps LAW? Who grants birthright citizenship? If you can answer this I will be amazed.
So, what happens to Anna Chapman and her crowd? The kids they had were deported along with them, even though they were born here, went to school here, and never were in Russia before. It's the parents, and in a couple of cases, only one parent, that were Russian spies. Still the kids were sent over there. I would say the precedent has already been set. In the country illegally, kids go back too.
Anna Chapman had the British citizenship she gained from her husband revoked, and she lost all ability to enter that country in the time after she was deported from the United States. But we don't operate the same way, any children that were U.S. citizens accompanying her, would have retained that citizenship. U.S. citizen children are theoretically able to re-enter the United States at any time, independent of their parent(s) deportation orders.
Call me drunk, but I simply do not see the deductions you are making.
The statement that "within the jurisdiction" is the one in question here. The footnote highlights the relationship of the terminology used in EP and in the natural born citizen clause.
Thus, as we know they are "within the jurisdiction" we at least know that they are "subject to the jurisdiction of."
Except the Citizenship Clause is never brought up in any of Brennans argument. He clearly states this is a case of the Equal Protection Clause.
Quote:
Our conclusion that the illegal aliens who are plaintiffs in these cases may claim the benefit of the Fourteenth Amendment's guarantee of equal protection only begins the inquiry. The more difficult question is whether the Equal Protection Clause has been violated by the refusal of the State of Texas to reimburse local school boards for the education of children who cannot demonstrate that their presence within the [p216] United States is lawful, or by the imposition by those school boards of the burden of tuition on those children.
OK. I consider that pretty weak, as that it was interpreting a prior decision and doing it relatively well. But obviously this is less relevant than a controlling holding (and we can discuss the nonsense that Plyler was, if needed.)
OK. I consider that pretty weak, as that it was interpreting a prior decision and doing it relatively well. But obviously this is less relevant than a controlling holding (and we can discuss the nonsense that Plyler was, if needed.)
However, I need to go to bed.
To Gray in Wong Kim Ark for which footnote 10 refers:
Quote:
The words "in the United States, and subject to the jurisdiction thereof" in the first sentence of the Fourteenth Amendment of the Constitution must be presumed to have been understood and intended by the Congress which proposed the Amendment, and by the legislatures which adopted it, in the same sense in which the like words had been used by Chief Justice Marshall in the well known case of The Exchange and as the equivalent of the words "within the limits and under the jurisdiction of the United States," and the converse of the words "out of the limits and jurisdiction of the United States" as habitually used in the naturalization acts. This presumption is confirmed by the use of the word "jurisdiction" in the last clause of the same section of the Fourteenth Amendment, which forbids any State to "deny to any person within its jurisdiction the equal protection of the laws." It is impossible to construe the words "subject to the jurisdiction thereof" in the opening sentence, as less comprehensive than the words "within its jurisdiction" in the concluding sentence of the same section; or to hold that persons "within the jurisdiction" of one of the States of the Union are not "subject to the jurisdiction of the United States."
As footnote 10 defines:
Quote:
Id. at 687.
Justice Gray concluded that
[e]very citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United States.
Brennan is stating that the Appellants (the State of Texas) are claiming that illegal aliens are not "within the jurisdiction" simply because they are here in violation of immigration law. Brennan is simply stating that they are "within the jurisdiction" just by being here and that the Appellants limiting claim isn't justified with prior precedence.
Now you show how they are magically "subject to the jurisdiction" of the State of Texas and thus "subject to the jurisdiction of the United States", and how this in some way grants birthright citizenship.
Liquid, I wish you could go before the Supreme Court and argue your case on birthright citizenship.
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