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To: darkwing104
and subject to the jurisdiction thereof,

So, if a diplomat has a child in the US, the child is not citizen, since their parent is not subject to the jurisdiction of the US. Also, anyone illegally entering the US is in violation of the jurisdiction, and therefore should not be a citizen. Also, this does not state that they are NBC, but just citizen. And yes, there is a difference, otherwise, why the reference in Article 1, Section 8?

102 posted on 11/12/2010 5:52:39 PM PST by kosciusko51
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To: kosciusko51
That was addressed by United States v. Wong Kim Ark, 169 U.S. 649 (1898):

In this case, the majority of the Court held that a child born in U.S. territory to parents who were subjects of the emperor of China and who were not eligible for U.S. citizenship, but who had “a permanent domicile and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the emperor of China” was a U.S. Citizen.

Children of Diplomats are not American Citizens unless one of their parents were.

You are beginning to sound like a Hillsdale Professor.

Its a complement.


134 posted on 11/12/2010 6:11:52 PM PST by darkwing104 (Lets get dangerous)
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To: kosciusko51
Also, anyone illegally entering the US is in violation of the jurisdiction, and therefore should not be a citizen. Also, this does not state that they are NBC, but just citizen. And yes, there is a difference, otherwise, why the reference in Article 1, Section 8?

14th Amendment Section 1.

I don't like it either but the courts say otherwise. The only solutions I can think of would be to create a different type of Birth Certificate or to Amend the Constitution. The Courts, States, and Congress have their hands tied by Court decisions regarding citizenship.

Quite a few of the arguments I am seeing here is simular to what was used in the Dred Scott decision of 1857.


145 posted on 11/12/2010 6:22:27 PM PST by darkwing104 (Lets get dangerous)
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To: kosciusko51

“Also, anyone illegally entering the US is in violation of the jurisdiction, and therefore should not be a citizen.”

I’m at a loss as to what the phrase “in violation of the jurisdiction” could mean. You’re either under jurisdiction or not. One cannot “violate” a jurisdiction. You can violate laws, but if you’re dealt with as a criminal for doing it afterwards, as are illegal aliens, you are under U.S. jurisdiction.

Anyone who believes illegals aren’t subject to U.S. jurisdiction should try visiting a prison.


155 posted on 11/12/2010 6:30:16 PM PST by Tublecane
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To: kosciusko51

“Also, anyone illegally entering the US is in violation of the jurisdiction, and therefore should not be a citizen. “

The law SHOULD be changed so that this is the case, but of course under current law, we are allowing children born to illegal aliens and those on tourist visas to acquire citizenship at birth.


157 posted on 11/12/2010 6:30:32 PM PST by WOSG (OPERATION RESTORE AMERICAN FREEDOM - NOVEMBER, 2010 - DO YOUR PART!)
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