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To: OldDeckHand

The Eighteenth Amendment refers to “subject to the jurisdiction” in connection with “territory.” The Fourteenth Amendment refers to “subject to the jurisdiction therof” in connection with “persons.” The phrase is being used in connection with different objects and for different purposes and must be interpreted taking those differences into account.

You never responded to my hypothetical of children born to parents of foreign nationals on a foreign military campaign on U.S. territory. The United States would not concede that such a force has a lawful right to be present on U.S territory or that the U.S. has relinquished its right to jurisdiction in the place where such children were born.

Under your simplistic analysis, such children would be U.S. citizens because the U.S. asserts jurisdictional rights over the “territory” on which such children were born. Such a result is of course, absurd, because it doesn’t take into account the status of the persons to whom such children were born relative to our laws.


38 posted on 03/29/2010 3:34:03 PM PDT by SirJohnBarleycorn
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To: SirJohnBarleycorn
"The Eighteenth Amendment refers to “subject to the jurisdiction” in connection with “territory.”"

Yep that's right. Jurisdiction applies to people, subject matter and territory. How does that negate my point? Yep, it doesn't.

"You never responded to my hypothetical of children born to parents of foreign nationals on a foreign military campaign on U.S. territory"

I never answered it because it's a hypothetical and irrelevant to the topic of illegal immigrants. They're illegal immigrants, and not an army under arms, carrying a foreign flag. If you believe such an hypothetical application of Ark is feasible, then the argument has devolved into such absurdity, it becomes pointless.

"Under your simplistic analysis, such children would be U.S. citizens because the U.S. asserts jurisdictional rights over the “territory” on which such children were born."

Reductio ad absurdum - look it up.

You still either can't, or don't want to, comprehend that people can only be (your words) in "violation of our laws", if they are indeed "subject to the jurisdiction thereof". If they aren't under US jurisdiction - either territorial, personal or subject matter jurisdiction - then there can be no violation of US law.

40 posted on 03/29/2010 4:04:51 PM PDT by OldDeckHand
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To: SirJohnBarleycorn
You never responded to my hypothetical of children born to parents of foreign nationals on a foreign military campaign on U.S. territory.

The Wong Kim Ark decision specifically listed such children as one of two exceptions to the rule that birth on U.S. soil=citizenship. The other was children of diplomats.

49 posted on 03/29/2010 5:05:43 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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