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To: Conscience of a Conservative

Article 1 does not say anything about Ambassadors yet, the Supreme Court picked that one sentence out of what Sen. Jacob Howard said and ignored the rest. How can you do that?


88 posted on 12/08/2008 5:02:50 AM PST by panthermom
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To: panthermom
The question is not simply what Sen. Howard said - his statement is informative, but not necessarily determinative (one could probably find statements made by other "framers" of the amendment that say the exact opposite - that's just how legislative debate works, and that's why Justices Scalia and Thomas often caution against over-reliance on legislative history). Rather, the question is whether, under the language of the amendment, a particular child is covered; the amendment itself does not use Sen. Howard's language, but rather uses the broader language of "subject to the jurisdiction thereof." Since, as I noted earlier, Ambassadors are the clearest example of people who are not subject to the jurisdiction, it is clear that children of Ambassadors are not covered under the 14th Amendment; with other immigrants/aliens/residents, the analysis is not nearly as clear.

OK, really going now, but I'll try to check in on the thread throughout the day.

90 posted on 12/08/2008 5:09:17 AM PST by Conscience of a Conservative
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