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To: WOSG

“If we want to address the anchor baby situation, we can, by using the ‘under the jurisdiction’ clause to limit it to those born to legal residents and exclude those born to illegal aliens.”

No we can’t. Illegal aliens are not outside U.S. jurisdiction. They are simply in violation of U.S. law.


180 posted on 11/12/2010 6:57:48 PM PST by Tublecane
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To: Tublecane

“using the ‘under the jurisdiction’ clause to limit it to those born to legal residents “
“No we can’t.”

Congress can define ‘under the jurisdiction thereof’ to exclude for example those on tourist visas and illegal aliens, in the same manner as diplomats are excluded.
The case could be made, it may not fly with SCOTUS, but Congress has power to make law under the 14th amendment to implement it and could try to do so.

“Illegal aliens are not outside U.S. jurisdiction.”
Neither are diplomats from that perspective. One could make the argument that they are outside the law and thus are not ‘under the jurisdiction’ ... analogy - would invading barbarian armies get citizenship too?


222 posted on 11/12/2010 7:46:24 PM PST by WOSG (OPERATION RESTORE AMERICAN FREEDOM - NOVEMBER, 2010 - DO YOUR PART!)
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