To: Red Steel
http://federalistblog.us/2007/09/revisiting_subject_to_the_jurisdiction.html P. A. Madison gives an outstanding analysis of the Fourteenth Amendment's original intent.
From the article:
"Aaron Sargent, a Representative from California during the Naturalization Act of 1870 debates said the Fourteenth Amendments citizenship clause was not a de-facto right for aliens to obtain citizenship. No one came forward to dispute this conclusion."
Simply being born here does not confer automatic citizenship.
The "... and subject to the jurisdiction thereof," is NOT a redundant clause. People need to thoroughly understand that.
404 posted on
02/11/2009 9:07:19 PM PST by
Cyropaedia
("Virtue cannot separate itself from reality without becoming a principal of evil...".)
To: Cyropaedia
From the article:
"Aaron Sargent, a Representative from California during the Naturalization Act of 1870 debates said the Fourteenth Amendments citizenship clause was not a de-facto right for aliens to obtain citizenship. No one came forward to dispute this conclusion."
Simply being born here does not confer automatic citizenship.
This is just another example of basing a conclusion on comments made in an entirely different context.
Read what it says. It says "the Fourteenth Amendments citizenship clause was not a de-facto right for aliens to obtain citizenship..."
The only way an ALIEN obtains citizenship is by NATURALIZATION. That's because ALIENS are those who are NOT BORN HERE. And THAT'S what is being referred to here. What the argument was is that someone born in a foreign country, had no right to come here and be NATURALIZED as a US citizen.
And this is PRECISELY what the treaty with China was all about. It agreed that Chinese, i.e. those born in China, who came to the US as immigrants, could NOT become NATURALIZED as US citizens. And what was being argued here is that the Fourteenth Amendment did not confer any such right.
This has absolutely nothing to do with those who are BORN here.
The only ones BORN here who were aliens were those born to ambassadors and diplomats.
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