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To: clawrence3
Please cite the SCOTUS case law that has held the 14th Amendment does not grant automatic citizenship to those born in the U.S.

Please cite the SCOTUS case law that has held the 14th Amendment does grant automatic citizenship to those born in the U.S.

While we're waiting:

"...unless the child of an ambassador or other diplomatic agent of a foreign state, or of an alien enemy in hostile occupation of the place where the child was born."

U.S. v. WONG KIM ARK, 169 U.S. 649 (1898)


228 posted on 03/30/2006 7:25:08 PM PST by Mojave
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To: Mojave

PLYLER v. DOE, 457 U.S. 202 (1982)

The illegal aliens who are plaintiffs in these cases challenging the statute may claim the benefit of the Equal Protection Clause, which provides that no State shall "deny to any person within its jurisdiction the equal protection of the laws." Whatever his status under the immigration laws, an alien is a "person" in any ordinary sense of that term. This Court's prior cases recognizing that illegal aliens are "persons" protected by the Due Process Clauses of the Fifth and Fourteenth Amendments, which Clauses do not include the phrase "within its jurisdiction," cannot be distinguished on the asserted ground that persons who have entered the country illegally are not "within the jurisdiction" of a State even if they are present within its boundaries and subject to its laws. Nor do the logic and history of the Fourteenth Amendment support such a construction. Instead, use of the phrase "within its jurisdiction" confirms the understanding that the Fourteenth Amendment's protection extends to anyone, citizen or stranger, who is subject to the laws of a State, and reaches into every corner of a State's territory.


239 posted on 03/30/2006 7:29:16 PM PST by clawrence3
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