Is the ambassador from Ireland subject to the jurisdiction of the United States while in the United States?
No.
His child, therefore, is not automatically a United States citizen when born here.
He is not “subject to the jurisdiction thereof”.
Someone who crosses the border illegally is “subject to the jurisdiction thereof”.
The Constitution is clear. We need to change the Constitution to correct this.
What about a baby born to a tourist?
The Constitution is fine.
It was the courts that changed the original intent of the Amendment.
A law is more than adequate to correct it.
I beg to differ
That person is subject to the jurisdiction of whatever country he came here from and MUST be returned there ASAP!
I am not convinced that the term “subject to the jurisdiction thereof” is equivalent to “having both (or one) feet inside the border thereof”.
This would be a superfluous clause as the state “having both (or one) foot inside the border thereof” is covered by the prior “All persons born or naturalized in the United States.”
This is a different statement of some of the opinions already posted.
One for the SCOTUS. Stay tuned.
No. They are legally subject to the jurisdiction of their home country.