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To: Mr. K
The Supreme Court changed it to: “All persons born or naturalized in the United States , and subject to the jurisdiction thereof, are citizens of the United States"

No, they didn't read "and subject to the jurisdiction thereof" completely out of the 14th. They expressly said that babies born to persons with diplomatic immunity and not subject to the jurisdiction of the U.S. are not entitled to citizenship.

The Amendment was badly drafted. I personally leaned towards Kavanaugh's view that it should be up to Congress, but the reading the majority gave it is consistent with the literal words of the Amendment.

15 posted on 09/03/2026 12:00:40 PM PDT by Bruce Campbells Chin
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To: Bruce Campbells Chin

Then why weren’t American Indians born outside of their reservations on US soil not granted citizenship until 1924? (Through legislature, not judicial means)

They were subject to all laws in the US (when outside their reservation), unlike those with diplomatic immunity. Could it be that “subject to the jurisdiction” actually meant sole jurisdiction?


19 posted on 09/03/2026 1:09:44 PM PDT by OA5599
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