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To: PapaBear3625

1. The innocent unborn child is, at birth, immediately subject to the jurisdiction of the United States.

2. The illegal alien parents can be arrested, jailed, fined, and imprisoned by a US Court. They are subject to the jurisdiction of the United States


63 posted on 05/23/2023 11:34:05 AM PDT by GreenLanternCorps (Hi! I'm the Dread Pirate Roberts! (TM) Ask about franchise opportunities in your area.)
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To: GreenLanternCorps
https://www.nytimes.com/roomfordebate/2015/08/24/should-birthright-citizenship-be-abolished/birthright-citizenship-is-not-actually-in-the-constitution

That text has two requirements for citizenship — that an individual is born on U.S. soil; and that an individual is subject to the jurisdiction of the United States when born.

“Subject to the jurisdiction” means more than simply being present in the United States. When the 14th Amendment was being debated in the Senate, Senator Lyman Trumbull, a key figure in its drafting and adoption, stated that “subject to the jurisdiction” of the United States meant not “owing allegiance to anybody else.”

And Senator Jacob Howard, who introduced the language of the clause on the floor of the Senate, contended that it should be interpreted in the same way as the requirement of the 1866 Civil Rights Act, which afforded citizenship to “all persons born in the United States and not subject to any foreign power.”

The Supreme Court has never held otherwise. Some advocates for illegal immigrants point to the 1898 case of United States v. Wong Kim Ark, but that case merely held that a child born on U.S. soil to parents who were lawful, permanent (legally, "domiciled") residents was a citizen.

The broader language in the case suggesting that birth on U.S. soil is alone sufficient (thereby rendering the “subject to the jurisdiction" clause meaningless) is only dicta — not binding. The court did not specifically consider whether those born to parents who were in the United States unlawfully were automatically citizens.

66 posted on 05/25/2023 11:08:31 AM PDT by PapaBear3625 (We live in a time where intelligent people are being silenced so stupid people won’t be offended)
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