“and subject to the jurisdiction thereof”
Illegal aliens are not under the jurisdiction. It’s why they are called illegals.
If illegal aliens are not subject to the jurisdiction of the US, then they are not required to follow our laws and cannot be tried for crimes. At most, they can be expelled from the country. But the children of aliens, illegal or legal, born on the United States were held to be citizens by birth long before the 14th Amendment came along.
Illegal aliens are not under the jurisdiction. It’s why they are called illegals.
At the time of the 14ths writing and ratification free blacks and freedmen were certainly subject to the jurisdiction of the U.S. and the states, but some states were trying to deprive them of citizenship, which was legal under SCOTUS’s Dred Scott decision which held that blacks, free or slave (at the time) were not citizens.
Diplomats are not subject to the jurisdiction of the U.S. or the states, so children of diplomats do not receive U.S. citizenship if they are born here. At the time, Indians were only subject to U.S. and state laws when they interacted with non-Indians or when they found themselves in settled areas. What they did to each other wasn’t our business and in their own lands they were considered sovereign.
This is not to say that ending ‘birthright citizenship’ isn’t without merit, since the writers of the 14th were really just trying to make sure that blacks born here were citizens. I doubt they even imagined women coming over the border to have kids and win the citizenship jackpot. I can see where a case could be made to look at the writers’ intent.
But an executive order isn’t going to do the trick.
“Illegal aliens are not under the jurisdiction.”
Cool, so they can’t be arrested for breaking our laws then. That’s what you are saying.
so they are free to break the laws in the states?
nonsense. they are clearly subject to the jurisdiction