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To: Non-Sequitur
Subject to the jurisdiction means subject to our laws. Regardless of whether they are here legally or illegally, the immigrant can be arrested if they violate the law.

We disagree.

I interpret the meaning of the phrase "and subject to the jurisdiction thereof" to indicate that a person is bound to a nation by birth, or naturalization of their citizenship.

That does not mean that such a person cannot be arrested for breaking our laws while in our country. Any recognized foreigner can be, and would be, in any foreign country, including America.

369 posted on 12/04/2008 2:02:31 PM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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Framer of the Fourteenth Amendments first section, John Bingham, said Sec. 1992 of U.S. Revised Statutes meant “every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.”

Fourteenth Amendment framer, Rep. John A. Bingham, argued before the House in 1871 that Dr. John Emilio Houard was a natural-born citizen of the United States. According to Bingham he was a natural-born citizen because he was “born of naturalized parents within the jurisdiction of the United States” by the “express words of the Constitution, as amended today.”

What does ‘subject to the jurisdiction thereof” mean?

Both Sen. Trumbull and Sen. Howard provides the answer, with Trumbull declaring:

The provision is, that ‘all persons born in the United States, and subject to the jurisdiction thereof, are citizens.’ That means ‘subject to the complete jurisdiction thereof.’ What do we mean by ‘complete jurisdiction thereof?’ Not owing allegiance to anybody else. That is what it means.

Sen. Trumbull further added, “It cannot be said of any Indian who owes allegiance, partial allegiance if you please, to some other Government that he is ‘subject to the jurisdiction of the United States.’” Sen. Jacob Howard agreed:

[I] concur entirely with the honorable Senator from Illinois [Trumbull], in holding that the word “jurisdiction,” as here employed, ought to be construed so as to imply a full and complete jurisdiction on the part of the United States, coextensive in all respects with the constitutional power of the United States, whether exercised by Congress, by the executive, or by the judicial department; that is to say, the same jurisdiction in extent and quality as applies to every citizen of the United States now.


373 posted on 12/04/2008 2:15:44 PM PST by wndawmn666
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