Why did they insert the clause “,subject to the jurisdiction thereof,” ?
They obviously didn’t mean ‘subject to the laws thereof’ because everyone IN the UnitedStates was already subject to the laws thereof, with only diplomats having a certain immunity..
but go ahead, continue to be a fool and contend that the enactors of the 14th meant what you say it means..
Reading the debates over both the Civil Rights Act of 1866 and the 14th Amendment in chronological order and context reveals the meaning of the citizenship clauses.
For example:
January 30, 1866, Senator Trumbull introduces the citizenship clause for the CRA. It reads:
“That all persons born in the United States, and not subject to any foreign Power, are hereby declared to be Citizens of the United States”.
Senator Guthrie asks if Senator Trumbull intends by his amendment is to “naturalize all the Indians of the United States?”
Senator Howard says he was going to ask the same question.
Senator Trumbull response “Our dealings with the Indians are with them as foreigners, as separate nations.” He goes on to say that the citizenship clause is “not intended to include them.”
Senator Cowan then asks if the clause will have the “effect of naturalizing the children of Chinese and Gypsies born in this country?”
Senato Trumbull’s one word answer is “Undoubtedly.”
Senator Cowan then warns that if the Chinese are allowed to become citizens that the “day may not be very far distant” where California will no longer belong to the “IndoEuropean race” but “belong to the Chinese.”
Senator Trumbull asked Cowan if the “children of Chinese now born in this country are not citizens.”
Senator Cowan answers “I think not.”
Senator Trumbull then says that as he understands it “the children who are born here of parents who have not naturalized are citizens. That is the law, as I understand it, at the present time.” Trumbull then asks if the children born here to German parents are citizen?
Senator Cowan answers the “children of German parents are citizen; but Germans are not Chinese.”
Senator Trumbull asks Cowan to show him in the law where there is a distinction made between the children of German parents and those of Asiatic parents. Trumbull says the law “makes no distinction; and the child of an Asiatic is just as much a citizen as the child of a European.”
Congressional Globe, 39th Congress Session 1 Part 1 January 30th page 498.
From this exchange between Senator Trumbull, the author of the CRA citizenship clause, and Senators Guthrie and Cowan, the phrase “not subject to any foreign Power” applies to Native Americans (Indians) but not to children born to alien parents.