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To: JCBreckenridge
Based on what the Fourteenth actually says? Born in America - you’re a citizen.

Um... that's NOT what the 14th Amendment says.

The 14th Amendment says: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States"

Trumbull: "The provision is, that ‘all persons born in the United States, and subject to the jurisdiction thereof, are citizens.’ That means ‘subject to the complete jurisdiction thereof.’ What do we mean by ‘complete jurisdiction thereof?’ Not owing allegiance to anybody else. That is what it means."
http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=14

Trumbull: "Are they in any sense subject to the complete jurisdiction of the United States? By no means. We make treaties with them, and therefore they are not subject to our jurisdiction"
http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=14

Howard: "I concur entirely with the honorable Senator from Illinois [Trumbull], in holding that the word “jurisdiction,” as here employed, ought to be construed so as to imply a full and complete jurisdiction on the part of the United States"
http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=16

Additionally, U.S. Secretaries of State have ruled that "subject to the jurisdiction thereof" means not subject to a foreign power...

In 1883, Secretary of State Frederick Frelinghuysen ruled Ludwig Hausding, though born in the U.S., was not born a U.S. citizen because he was subject to a foreign power at birth having been born to a Saxon subject alien father.

Similarly, in 1885, Secretary of State Thomas Bayard determined Richard Greisser, though born in Ohio, was not born a U.S. citizen because Greisser's father, too, was an alien, a German subject at the time of Greisser's birth. Bayard specifically stated that Greisser was at birth 'subject to a foreign power,' therefore not "subject to the jurisdiction of the United States" within the meaning of the Fourteenth Amendment.

125 posted on 05/10/2013 7:49:27 AM PDT by Rides3
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To: Rides3

So why is someone who’s never set foot in another nation subject to a foreign country?


129 posted on 05/10/2013 7:59:48 AM PDT by JCBreckenridge (Texas is a state of mind - Steinbeck)
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