64% of the people of Arizona need to read the Constitution and pay special attention to the 14th Amendment.
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Your name must be Kagan. Don't give up your day job to become a Constitutional lawyer. Between those commas lies the rub, and it will eventually be settled at the Supreme Court.
None other than Felipe Calderon says that his people illegally in the United States are still Mexican with Mexican rights and protections, and US laws require that if a Mexican is arrested, we have to notify their embassy/consulate and allow them access to the culprit. Doesn't sound like unlimited "jurisdiction" to me.
And also explain why the children of diplomats, foreign military, and others resident in the United States are NOT given birthright citizenship.
You’re right but the 14th is now detrimental to the Country and should be repealed.
64% of the people of Arizona need to read the Constitution and pay special attention to the 14th Amendment.
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
No, you are absolutely wrong. “Subject to the jurisdiction thereof,” means the country of which you are a citizen. This is the reason tribal Indians are not considered citizens of the U.S. under the 14th Amendment, they are subject to the primary jurisdiction of their tribes. (An Act of Congress gave most tribal Indians a non-constitutional citizenship right in 1924.)
A Mexican illegal is “subject to the jurisdiction” of Mexico. His children are not citizens of the U.S. If you read the statements of the drafters of the 14th Amendment, they made this clear. This is what the drafter of the 14th Am., Senator Jacob Howard, said about the citizenship clause:
“Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.”
The 14th Amendment is now being interpreted exactly the opposite the way it was intended.