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To: Cheburashka
our interpretation is incorrect. "People born in the United States but not subject to the jurisdiction thereof" refers to the children of diplomats and their families. Since diplomats have diplomatic immunity they are not subject to the our laws, nor are their children, and therefore they do not get American citizenship just because they are born here.

Citizens of foreign nations who are in the United States unlawfully are by definition not subject to our jurisdiction. They are here outside the law. There is no legal recognition of their right to be in this nation. The only nation with jurisdiction over them is their country of origin. They are here in legal limbo until they can be returned, and any children they happen to have while in such a state are not American citizens.

Even foreign nationals who are here legally--on student visa for example, are not subject to juristic ion as is an American citizen. They do not have to pay income taxes, for example. Nor do they have to register with Selective Service. They cannot be conscripted into the armed forces. They cannot vote, not stand for office.

This Amendment has been misinterpreted for far too long, and the situation must be corrected.

95 posted on 12/09/2006 1:11:54 PM PST by montag813
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To: montag813
Citizens of foreign nations who are in the United States unlawfully are by definition not subject to our jurisdiction.
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They're only not subject to our jurisdiction if we can't arrest them, try them, convict them, punish them. Are you seriously suggesting we cannot arrest a murderer because he is also an illegal alien? And that the same applies to people on student visas, we cannot prosecute them for any crimes they commit? Please. If we can prosecute them, they are under our jurisdiction. That is what jurisdiction means.

Your legal theory is not what the drafters of the 14th Amendment had in mind. They were the ones who wrote it, they never applied it the way you want to apply it. Or does original intent mean absolutely nothing to you? If your theory ever took hold, goodbye Second Amendment rights. And any other Constitutional rights the government finds inconvenient.

You have to fix the problem. The Constitution has to be amended. Sorry to burst your bubble.

To make sure you understand my position, I want this amendment to the Constitution.
100 posted on 12/09/2006 3:00:22 PM PST by Cheburashka ( World's only Spatula City certified spatula repair and maintenance specialist!!!)
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