A diplomat cannot.
Thus, an illegal alien is subject to our jurisdiction while a diplomat is not.
This is nonsense. When having a legal argument, rather than simply stating an opinion, people should do actual research on the law. Once again, being arrested and incarcerated does not make someone a citizen. If it did, our history would be one where millions of "immigrants" moved to the head of the immigration line by "virtue" of breaking our laws.
The lunacy of that proposition is self-evident.
You are confused. Nobody says being arrested makes you a citizen.
If you can be arrested then you are, by definition, subject to the jurisdiction of the law. The 14th says that if you are here and have a child then your child is a citizen.
I never said it made someone a citizen. Good grief. Learn to read.
The Constitution said that if you are born in the borders of the United States and are subject to the jurisdiction of the United States, you are a citizen. Two criteria.
If you can be arrested and convicted and sentenced, you are subject to the jurisdiction of the United States.
Therefore, if you are born in the United States, and the United States can put you in jail, you are a citizen of the United States.
Both of those must be met.
A Diplomat’s child does not meet both of those requirements.
The child of an illegal alien who was born in the United States does.
That means we need to change the Constitution.
You have it right.
The concept “subject to the jurisdiction” was not limited solely to whether U.S. criminal laws applied. The record at the time, and subsequently, clearly indicates that language also meant “exclusive jurisdiction, and not subject to the jurisdiction of any other nation”.
If a Mexican illegally in the U.S. today visited the offices of a Mexican consulate and complained of torture or some other bizarre treatment by the U.S., you can safely bet the Mexican government would respond, if need be all the way to the U.N.
Once can ask, if Mexicans are not subject to the jurisdiction of Mexico, why does Mexico accept their return when they are removed from the U.S.?