Replies

As of now, the only people considered to be not under our jurisdiction are foreign diplomats, who have diplomatic immunity. If you say illegal aliens are not under our jurisdiction, how can we prosecute them for illegal entry, or for crimes they commit while here? If they are subject to our jurisdiction for some purposes, they are subject to our jurisdiction for purposes of the 14th Amendment.

Thou speakest correctly.

You are confused. Every person in the US is required to follow the law or is subject to arrest, illegal aliens, diplomats, resident aliens and citizens. Diplomats have immunity if they don't follow the law, but that means they can't be punished, not that the law doesn't apply to them. Anyway, the issue for citizenship is, to whom do you owe your allegiance? It is an old concept, I know, for a nation that is long removed from fealty and nationalism, but it is a concept that the people who framed the amendment understood. They knew that if a Mexican snuck across the Rio Grande and had a baby, there was no issue--they could send the whole family back. If an Indian tribe in the territories had children, they were not US citizens, they were just untamed Indians.

Now, if an Indian in upstate NY had a baby, it was an American. Why? Because that tribe had signed treaties and submitted to the jurisdiction of the United States.

The question is whether the person sneaking across has submitted to our jurisdiction, has become one of us just by being here. Is the child of a tourist here for two weeks a US citizen? By law, yes. By constitution, no. That law can be changed.

Thou speakest correctly.

No, he doesn't. I know his is the position taken by the courts but it bears only the faintest resemblance to reality.

If you say illegal aliens are not under our jurisdiction, how can we prosecute them for illegal entry, or for crimes they commit while here?

Poppycock. If an Australian couple come here on holiday and break a law, they are subject to prosecution and deportation. If they have a child... they would not expect that their child is suddenly an American rather than an Australian. Only those who are coming here permanently seem to think it should work this way.