The phrase in the Fourteenth Amendment ... “and subject to the jurisdiction thereof” ... needs to be clarified. Congress needs to approve and declare the clarification if we are ever to end the anchor baby nightmare.
Illegals are not “subject to the jurisdiction” of the United States or the state they reside in. If they are, then try this little experiment — Order all illegals and other non-citizens to report to the nearest post office no later than tomorrow.
If the French ambassador’s wife gave birth on U.S. soil, nobody anywhere believes the child would become an instant citizen. How does climbing over a fence in the middle of the night change that?
"Dr. John C. Eastman, Dean of Chapman University’s law school in Orange, California, is among the leading scholars in the nation on constitutional law and has testified before Congress on the issue of birthright citizenship. Eastman states plainly that the framers of the 14th Amendment had no intention of allowing another country to wage demographic warfare against the U.S. and reshaping its culture by means of exploiting birthright citizenship.
“We have this common understanding of when you come here to visit, that you are subject to our jurisdiction. You have to obey our traffic laws. If you come here from England, you have to drive on the right side of the road and not on the left side of the road,” he said. “But the framers of the 14th Amendment had in mind two different notions of ‘subject to the jurisdiction.’ There was what they called territorial jurisdiction— you have to follow the laws in the place where you are—but there was also this more complete, or allegiance-owing jurisdiction that held that you not only have to follow the laws, but that you owe allegiance to the sovereign. And that doesn’t come by just visiting here. That comes by taking an oath of support and becoming part of the body politic. And it is that jurisdiction that they are talking about in the 14th Amendment.” ..."
And much more at link,
"American Jackpot: The Remaking of America by Birthright Citizenship caps.org
^ | Mark Cromer "