Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: betty boop
Thomas Jefferson defined "aliens" very clearly and succinctly: “Aliens are the subjects of a foreign power.

That's interesting, but irrelevant in this discussion. Thomas Jefferson was not involved in drafting the 14th amendment, and he was not the source of the quote, so how he would have defined the term makes no difference in how the text is interpreted.

67 posted on 08/29/2015 7:52:45 PM PDT by CA Conservative (Texan by birth, Californian by circumstance)
[ Post Reply | Private Reply | To 55 | View Replies ]


To: CA Conservative; xzins; Hostage; Tennessee Nana; Alamo-Girl; marron; hosepipe; caww; trisham; ...
Thomas Jefferson was not involved in drafting the 14th amendment, and he was not the source of the quote

Of course Thomas Jefferson was not involved in drafting the 14th amendment: He died July 4, 1826.

However, John P. Foley, in The Jefferson Cyclopedia: A Comprehensive Collection of the Views of Thomas Jefferson, (New York: Funk and Wagnalls Company, 1900; p. 32), directly quotes Jefferson as writing, "Aliens are the subjects of a foreign power." The drafting of the Citizenship Clause of the 14th Amendment commenced in 1866, a mere 20 years after Jefferson's death.

It appears eminently reasonable to infer that Sen. Jacob Howard (R–MI) had Jefferson's maxim in mind, when he initiated debate on a resolution that would become the Citizenship Clause of the 14th Amendment in 1866. In defining citizenship by birth, Howard explained:

“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. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States."

Sen Trumbull, sponsor of the 1866 Act, offered his definition of "subject to the jurisdiction":

"What do we mean by 'subject to the jurisdiction of the United States?' Not owing allegiance to anybody else. That is what it means."

How Jefferson defined the term "alien" does indeed make a difference, if his understanding was reflected in the thinking of the Framers of the 14th. And the case is clear to me that it was.

Take the case of the Indian tribes. At the time of ratification, the Indian tribes were considered to be sovereign nations, owing allegiance to their respective tribe, not to the United States. Therefore, they were excluded from U.S. citizenship — on the basis of their alien status. The Citizenship Clause could not be applied to them, for they were regarded as "subjects of a foreign power."

Sen. Trumbull clarifies this:

“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.’”

This was the understanding at the time the 14th Amendment was framed and ratified. (It matters not at all that American Indians received U.S. citizenship by statute, not by express operation of the 14th Amendment, in 1924.)

Jon Feere, in the CIS study I keep citing, has this to say (p. 8f):

If the question of “jurisdiction” boils down to one of allegiance, and under U.S. jurisprudence allegiance is a voluntary association, on what basis can a newborn child be found to have chosen an allegiance to his parent’s country over allegiance to the United States, or vice versa? It was understood by the authors of the 14th Amendment that jurisdiction as to the child would be imputed from the status of the parents.

Sen. Reverdy Johnson (D-Md.) explained that parents must be “subject to the authority” of the United States if their children born here are to be classified as having acquired the status of U.S. citizen:

“Now, all that this amendment provides is, that all persons born in the United States and not subject to some foreign Power…shall be considered as citizens of the United States. … [T]he amendment says that citizenship may depend on birth, and I know of no better way to give rise to citizenship than the fact of birth within the territory of the United States, born of parents who at the time were subject to the authority of the United States.” (emphasis added)

Are illegal aliens subject to the authority of the United States? Not in the way contemplated by authors of the 14th Amendment. As explained earlier, the authors of the 14th Amendment explained that being subject to the jurisdiction of the United States means not owing allegiance to anybody else.

I'll just leave it there for now. Do your homework, CA Conservative!
68 posted on 08/30/2015 8:46:53 AM PDT by betty boop (Science deserves all the love we can give it, but that love should not be blind.)
[ Post Reply | Private Reply | To 67 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson