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To: Cboldt

If I read it correctly in that case the same statute that granted him citizenship also required he live five years in the USA before age 28, which he didn’t do. However in the case of someone born here their claim to citizenship is constitutional (the 14th amendment) not statutory. I know there is an argument about what “and subject to the jurisdiction thereof” means, but the most plain meaning would be the exclusion of children of foreign diplomats, who are not subject to our jurisdiction. Ordinary foreign citizens here are.


43 posted on 08/20/2018 4:29:05 AM PDT by Hugin ("I fear for Hugin that he will not come back, yet I tremble more for Munin.")
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To: Hugin
-- I know there is an argument about what "and subject to the jurisdiction thereof" means, but the most plain meaning would be the exclusion of children of foreign diplomats, who are not subject to our jurisdiction. Ordinary foreign citizens here are. --

The history of the 14th amendment doesn't track that "ordinary meaning" of the phrase, "subject to the jurisdiction thereof."

What 'Subject to the Jurisdiction Thereof' Really Means.

Pretty good article, especially in that it looks to pre-14th amendment source of citizenship -- state law.

Ask yourself if the framers intended to be generous or stingy with presidential eligibility. Extend that into whether or not the proponents of the 14th amendment intended to allow native-born children of aliens to become president.

Not that the law is honest in application. It is not. it is based on trickery and sophistry to get the desired outcome. So, study of it is pretty much academic, except the part about how to use legal sophistry to appeal to a judge's emotions to get the result you want.

44 posted on 08/20/2018 4:40:06 AM PDT by Cboldt
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