>> If you had continued to read the Senate debate from which you quote, you would have seen that the question of birthright citizenship for children of noncitizen aliens (with a couple of exceptions noted) specifically came up, and a key supporter of the amendment specifically stated that it would, if adopted, make birthright citizenship for such children part of the Constitution. <<
An interesting rebuttal. Now for my counter-rebuttal:
>> Since there was no federal law restricting immigration when the 14th Amendment was adopted, there was no such thing as an “illegal immigrant.” <<
The “few exceptions” you mention are those in which it is evident that the resident does not owe allegiance to the United States (see post 14 about owing allegiances).
Read what Sen. Cowan went on to say:
“It is perfectly clear that a man born in a country has not heretofore entitled him to the right to exercise political power.”
Or Sen. Trumbull:
“It cannot be said that any Indian who owes allegiance, partial if you will, to any other govenrment, that he shall be “subject to the jurisdiction of the United States.””
The exceptions were very specific: children of diplomats, children of lawful enemy combatants, and Indians. What the first two had in common was that they couldn’t be prosecuted for any crimes they had committed under federal law. This may or may not have been true of Indians subject to tribal jurisdiction. Because of doubts regarding Indians’ jurisdictional status, they were excluded from birthright citizenship at the time the 14th Amendment was adopted.
Illegal aliens can and are tried in federal court, and sometimes put in federal prison. They obviously are “subject to the jurisdiction” of the U.S. in that sense, which is the relevant one.
Of course, Sen. Cowan ultimately voted against the 14th Amendment. He understood it would constitutionally enshrine birthright citizenship for the children of the vast majority of aliens living in the U.S. if they were born in the U.S., and he was opposed to that policy. That’s why he voted no. But his side lost. The amendment passed.
Of course, Sen. Cowan ultimately voted against the 14th Amendment. He understood it would constitutionally enshrine birthright citizenship for the children of the vast majority of aliens living in the U.S. if they were born in the U.S., and he was opposed to that policy. That’s why he voted no. But his side lost. The amendment passed.