[AlmaKing]

The part I keyed on:

Senator Lyman Trumbull, Chairman of the Senate Judiciary Committee, supported Howard, contending that "subject to the jurisdiction thereof" meant "not owing allegiance to anybody else...subject to the complete jurisdiction of the United States." Indians, he concluded, were not "subject to the jurisdiction" of the United States because they owed allegiance—even if only partial allegiance—to their tribes. Thus, two requirements were set for United States citizenship: born or naturalized in the United States and subject to its jurisdiction.

[LambSlave]

This is why Trump believes he can do this with an Exec Order. Both precedent (what little there is) and original intent are on his side and an honest Supreme Court would rule in his favor.

[Mr Rogers]

"Nonetheless, the decision conferred birthright citizenship on a child of legal residents of the United States."

LEGAL residents. Wong Kim Ark specifically noted that the alien parents HAD to be present "in amity" with the US government:

"...but were predicable of aliens in amity so long as they were within the kingdom. Children, born in England, of such aliens were therefore natural-born subjects. But the children, born within the realm, of foreign ambassadors, or the children of alien enemies, born during and within their hostile occupation of part of the King's dominions, were not natural-born subjects because not born within the allegiance, the obedience, or the power, or, as would be said at this day, within the jurisdiction, of the King."

Wng Kim Ark strongly suggests the children of ILLEGAL aliens are NOT citizens at all, being disqualified as both NBC and as not falling under the 14th, since the 14th "...to exclude, by the fewest and fittest words..." those already excluded under NBC.

Note that prior to 1882, there was no such thing as illegal immigration to the USA. Prior to that, anyone could enter at any time legally.

[glenduh]

Children born in the United States to accredited foreign diplomatic officers do not acquire citizenship under the 14th Amendment since they are not “born . . . subject to the jurisdiction of the United States.” As a matter of international law.

But illegal alien children do acquire citizenship because they are not subject to any law. Got it .

[Revel]

Very interesting if still not a bit confusing. I wish the people who wrote these amendments had done a better job of being perfectly clear. It is almost like they wanted to create a legal mess.

[lizma2]

The past few days,I’ve gone over the 14th, the changes and how we got to the 14th.

But in the 60’s this changed. What I haven’t found the answer to is “how”?

I suspect the “why” is the democrats discovered the ability to control the dependent. LBJ made this clear.

[oldbill]

By Section 5 of the 14th Amendment Congress has always had the opportunity to define what the “subject . . .” Clause means.

The incompetent and lazy Paul Ryan could have done that. But he is under the control of the Chamber of Commerce donor class and did nothing.

So he can shut his mouth now.

[Kickaha]

Thank you. This is the most helpful explanation I’ve found yet.

[Political Junkie Too]

Suppose that a vacationing couple, say from France, seeks refuge in the French embassy after accidentally killing someone in their rented car. While inside the French embassy, they are no longer subject to the jurisdiction of the United States. No natural born American citizen can do this.

If a person can seek refuge here in the USA in another country's embassy or consulate where they are not subject to our jurisdiction, then they are not fully and completely subject to the jurisdiction of the United States.

Now suppose this French couple had a baby inside the United States. Is this baby entitled to the protection of the French embassy, just like its parents?

Is there any place inside the United States where you or I can avoid the jurisdiction of the United States? Why should other "citizens" (like this French baby) be afforded this right? Why should "birthright" citizens have more protections against United States jurisdiction than natural born citizens?

-PJ

[Yosemitest]

WAKE UP and READ THE CONSTITUTION !

Rush make the details of this discussion VERY CLEAR today.

EXCERPT ...

RUSH: ... But it is a seminal moment
when a political party, as its official position, refuses to accept election results.
That’s where we are, and that’s why we’re where we are.
They refuse to accept it, for whatever reason.
They hate Trump, they don’t feel good about it, they disagree, whatever.
Doesn’t matter why.
Just the fact that they refuse to accept the results is a horribly dangerous thing.
Because what if it keeps up ?
What if the only time there is peace in America is when they win elections ?

You know, I predicted some time ago that they’re gonna figure this out at some point,
and the natural conclusion to figuring this out is,
“Well, let’s just eliminate elections !
If elections are what’s holding us back, let’s find a way to eliminate ’em !”
People laughed.
“Come on, Rush. That’s never gonna happen.”
Do not ever say the left isn’t capable of anything ever.
So now Trump,
rather than being intimidated by their refusal to accept his election,
rather than get his feelings hurt,
Trump doubles down, triples down.

Every time they hit him, he hits back with additional energy and verve —
and I’m telling you, this promise with an executive order to end birthright citizenship is huge,
and it’s why he was elected.
When things are going terribly wrong — and they are in our country right now.
When things are terribly wrong and out of control, you have to have somebody willing to go outside the so-called boundaries,
and Trump’s doing it every day and willing to do so.
Because this is what pushing back —
this is what defiance, this is what changing what the left is doing
— looks like.

It was never gonna be pretty.
It was never gonna be quiet.
It was never gonna be clean.
It requires a strong stomach and strong fortitude.
I don’t think any elected Republican other than Trump…
Even if they had made the promises Trump made,
I think all of them would have caved by now.
But Trump hasn’t.
He doubles down.
“Right. I’m gonna issue an executive order;
I’m gonna end birthright citizenship.”
Let me read to you the 14th Amendment and how it begins.
“All persons…”



Now, the 14th Amendment goes back to 1866.
I think it was ratified by Congress in 1866.
It was passed by Congress; ratified by the states two years later.
So in 1866, it was passed by Congress and ratified by the states in 1868,
and its original intent was to grant citizenship to slaves and their descendants.
It was part and parcel of the post-Civil War era of America fixing itself.
It was a good thing.
Our Constitution was written so that mistakes at the founding could be corrected.
The vast majority of people knew slavery at the founding was untenable,
but they needed the union in order to fight the Revolutionary War.
They needed the southern states.
They needed unity to do that

so they had to accept slavery,
but they built in safeguards to wipe it out,
and it happened in 1868 when the 14th Amendment passed.

It begins this way:
“All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the U.S. and of the state wherein they reside.”
It was clearly intended to be referring to slaves and their descendants.
The parts that birthright citizenship, uh, freaks have to delete are
“naturalized”
and “subject to the jurisdiction thereof.”
You are not naturalized and you are not subject to the U.S. jurisdiction if you’re here illegally !
You cannot be !

You’re under some other country’s jurisdiction.
If you’re here illegally, you cannot possibly be naturalized.
Well, the birthright citizenship crowd —
which wants to water down American culture and destroy Western civilization
— conveniently leaves out “naturalized” and “subject to the jurisdiction thereof.”
So your born-here child absolutely is not a citizen.
This is what Trump is saying.
Trump is finally pushing back against an assumption that has been made because
it was the path of least resistance, if you will.
But now it’s make-or-break time.

As my friend McCarthy says,
“You need somebody to break the furniture.”


Sometimes, you gotta remodel the house.

BREAK TRANSCRIPT

RUSH: Okay, a little bit more background on the 14th Amendment here
’cause it’s gonna be relevant as the issue going forward.
Again, it was added after the Civil War.
Its purpose was to overrule the Dred Scott Decision !
Which was a horrible decision.
Dred Scott sanctioned slavery.
Roger Taney was the chief justice, forever the immortalized in infamy.
It held that black slaves were not citizens.
So Congress got into gear and passed the 14th Amendment.

It guaranteed that freed slaves would have all the privileges of citizenship by providing, quote,
“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,”
which means
the drafters of the 14th Amendment had no intention of conferring citizenship on the children of aliens who happened to be born here.
In fact, the very author of the citizenship cause, Sen. Jacob Howard of Michigan, expressly said…



This is why the original intent of founding documents is so important.
Quote, “This,” meaning the 14th Amendment…

“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…”
It was expressly intended to confer citizenship to slaves and their descendants.
There was an 1884 case, Elk v. Wilkins.
The Supreme Court ruled the 14th Amendment did not even confer citizenship on Native Americans
because they were subject to tribal jurisdiction, not U.S. jurisdiction.

Well, an illegal alien here is not subject to U.S. jurisdiction.
They’re under the jurisdiction of where they came from if they’re here illegally.
Guess when this all changed ?
In the 1960s !
Concomitant with Senator Kennedy wanting to reopen…
We had shut down all immigration from ’21 to ’65.
Along comes Senator Kennedy in the pre-Chappaquiddick days wanting to reopen it
for the express purpose of
making sure the Democrat Party always had a permanent underclass of voters dependent on them and the government.

BREAK TRANSCRIPT

RUSH: And, by the way, and even according to our leftist brothers and sisters at NPR report
no nation in Europe confers birthright citizenship.
Liberals love to say we should emulate Europe, right ?
Okay !

BREAK TRANSCRIPT ...

Here's a plan:

~ Reverse the Magnet ~

This is what it takes:

   1. Secure the border in a transparently verifiable way;

   2. End the anchor-baby interpretation of the 14th Amendment;

   3. Enforce E-Verify without exception and with severe penalties;

   4. End chain migration. Entry per individual qualifications, not family ties;

   5. Deportation upon contact with any law enforcement agency - federal, state, or local;

   6. No government benefits beyond critical emergency care (and that ought to be billed back to the home government);

   7. No "Path to Citizenship" - EVER - for anyone who has entered the US illegally.

Any measure which does not accomplish these things is unacceptable.
It is de facto amnesty.
And it will inevitably, ineluctably encourage millions and millions more illegal entries.

Sounds like a great "Plan of Action" to me.