[BP2]

> The only persons who aren’t “subject to the jurisdiction
> thereof” are those with diplomatic immunity.

Oh, really?! Let's dispel that little After-Birther myth right now!

“Indians ... although in a geographical sense born in the United States, are no more ‘born in the United States and subject to the jurisdiction thereof,’ within the meaning of the first section of the Fourteenth Amendment, than the children ... born within the United States of ambassadors or other public ministers of foreign nations.” Elk v. Wilkins (1884)

See FRANCIS PAUL PRUCHA, AMERICAN INDIAN POLICY IN CRISIS 343-44 (University of Oklahoma Press 1964) on the 14th Amendment’s non-application to Indian people. Also, an 1870 Senate report concluded that the 14th Amendment did not extend to Indian people, for they were not within the jurisdiction of the United States as the Amendment required.

This non-inclusion of the American Indians was adjusted for by a Congressional action — the 1924 Citizenship ACT.


The After-Birthers quietly whisper: "What?! That group wasn't included in the "ALL-ENCOMPASSING" (snicker) 14th Amendment of 1868??! Hmmm, I wonder if there is another group or TYPE of Citizen not considered to be included in the 14th Amendment, as their qualification is governed by the Constitution itself and the language used by the Framers ..."

Yeah, sorry After-Birthers! Congress just must KNOW something you don't (or at least what you After-Birthers just choose to ignore) ...

AND ... while we're on the topic of “subject to the jurisdiction thereof”, let's look at a more MODERN piece of BIPARTISAN Legislation written to "redefine" “subject to the jurisdiction thereof” to adjust the "Natural Born Citizen" Eligibility requirement for the office of the President:

108th CONGRESS

2d Session

S. 2128

To define the term `natural born Citizen' as used in the Constitution of the United States to establish eligibility for the Office of President.

IN THE SENATE OF THE UNITED STATES

February 25, 2004

Mr. NICKLES (for himself, Ms. LANDRIEU, and Mr. INHOFE) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

---

A BILL

To define the term `natural born Citizen' as used in the Constitution of the United States to establish eligibility for the Office of President.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Natural Born Citizen Act'.

SEC. 2. DEFINITION OF `NATURAL BORN CITIZEN' .

(a) IN GENERAL- Congress finds and declares that the term `natural born Citizen' in Article II, Section 1, Clause 5 of the Constitution of the United States means--

(1) any person born in the United States and subject to the jurisdiction thereof; and

(2) any person born outside the United States--

(A) who derives citizenship at birth from a United States citizen parent or parents pursuant to an Act of Congress; or

(B) who is adopted by 18 years of age by a United States citizen parent or parents who are otherwise eligible to transmit citizenship to a biological child pursuant to an Act of Congress.

(b) UNITED STATES- In this section, the term `United States', when used in a geographic sense, means the several States of the United States and the District of Columbia.

[tired_old_conservative]

Uh, yeah, many Indian tribes were very clearly not under the jurisdiciton of the United States in the 1800s. We made treaties with them for a reason.

[David]

As you well know, Congress does not control definition of the Constitutional provisions.