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Legal rulings in this country seem to be stacking up on President Trump's side.
"Under the jurisdiction thereof" didn't mean whether certain people have to obey our laws, when the 14th was written. It meant whether they have to obey the laws of some other country.
So if illegal aliens came into our country without our permission, and had a baby, they (and the baby) are not "under the jurisdiction of" the United States, even though they still have to obey our laws. And they are not citizens... and neither is the baby.
I don't know where you get this, but if they have to obey our laws, then they are "under the jurisdiction of". That's what jurisdiction means.
Poor you. Just for the record, the "foreign invaders" are weeks away, the midterms just days away. Trump is milking the fear and feeding the hate every way he can. Because he hopes his actions will allow the GOP to keep control of the legislature. Those midterms are his highest priority, not our sovereignty.
Who knows how many are down there, giving our country/citizens a big MIDDLE FINGER on their way up here.
You know, we've been told by our "media" for the last 20 years that there are "10 million" illegals wandering around in US, when Yale just came out with data stating it's actually 22 MILLION.
The numbers aren't what matters; the fact that our country is being defecated on, does.
They aren't giving our country/citizens a big MIDDLE FINGER. They want to live in our country. They want to immigrate from where they currently live to our country because they see our country as a desirable place to live and raise children. That's not a big MIDDLE FINGER.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.
Please explain to me what does the bold mean then.
I am waiting.
You wouldn’t be waiting if you read the multiple responses on this point. The phrase “subject to the jurisdiction of” means “subject to the civil and criminal laws of the US and subject to the enforcement of those laws by the US judiciary.” Not only is this the well-defined meaning of “jurisdiction,” which derives from the Latin “juris” and “dictio” (meaning “ what the law dictates”) it’s what the delegates at the time expressly said it meant, on the record.
You wouldn’t be waiting if you read the multiple responses on this point. The phrase “subject to the jurisdiction of” means “subject to the civil and criminal laws of the US and subject to the enforcement of those laws by the US judiciary.” Not only is this the well-defined meaning of “jurisdiction,” which derives from the Latin “juris” and “dictio” (meaning “ what the law dictates”) it’s what the delegates at the time expressly said it meant, on the record.
You wouldn’t be waiting if you read the multiple responses on this point. The phrase “subject to the jurisdiction of” means “subject to the civil and criminal laws of the US and subject to the enforcement of those laws by the US judiciary.”
Analysis: The 14th Amendment may not have been intended to provide citizenship to everyone born in the U.S.
Oct. 30, 2018 / 9:23 PM ET
By Danny Cevallos
Shortly after the passage of the 14th Amendment, the Supreme Court in 1872 had an opportunity to interpret it in the "Slaughterhouse Cases," observing that the amendment's "main purpose was to establish the citizenship of" African-Americans. It also concluded that "subject to the jurisdiction thereof" was meant to exclude the children of "ministers, consuls, and citizens or subjects of foreign states born within the United States."
The argument goes: If these categories of people were not "subject to the jurisdiction" then it follows that babies born of illegal immigrants have even less claim to citizenship.
And no where does it say children of illegals have automatic birth rights. That issue has never been addressed because that was never even a thought when it was written. That's why it needs to be revisited. Wishful thinking and coming to the conclusion that it will and does include children of illegals remains to be seen. It will be resolved at some point. It hasn't been as of now.
If it wasn't even a thought when the Amendment was written, then it's damn hard to argue the intent of the people who wrote and voted for that Amendment. But they were actually intelligent, thoughtful men who were well aware of the difference between jus soli and jus sanguinis. And they were well aware that in the New World, the Americas, that jus soli was the citizenship process. Which is why the majority of countries that use jus soli are in the Americas. Where the United States of America is.
If you want to change the law, then you need to go to the process of amending the Constitution. Executive order is not part of that process.
You miss the big picture of Elk v Wilkins, how it defined 'subject to the jurisdiction of the United States':
"The evident meaning of these last words is not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction and owing them direct and immediate allegiance. And the words relate to the time of birth in the one case, as they do to the time of naturalization in the other. Persons not thus subject to the jurisdiction of the United States at the time of birth cannot become so afterwards except by being naturalized, either individually, as by proceedings under the naturalization acts, or collectively, as by the force of a treaty by which foreign territory is acquired."
Elk V Wilkins states that even though Elk was born in the United States, he was not a citizen because he owed allegiance to his tribe when he was born rather than to the U.S. and therefore was not subject to the jurisdiction of the United States when he was born. A child born to a non-citizen in the US is NOT subject to the jurisdiction of another nation or tribe.
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