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To: Flavious_Maximus

Illegal aliens are not under the jurisdiction. It’s why they are called illegals.


I understand the point you’re getting at, but illegal aliens are subject to the jurisdiction of the U.S. If they commit crimes, such as coming to our country without permission, they can be arrested.

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.


44 posted on 05/30/2023 11:58:03 AM PDT by hanamizu
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To: hanamizu
...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.

Yes, I think you describe the original intent.

Which puts the ball in their court (any legislator who wants to legalize anchor babies), not ours.

53 posted on 05/30/2023 12:12:53 PM PDT by FreeReign
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To: hanamizu
I understand the point you’re getting at, but illegal aliens are subject to the jurisdiction of the U.S. If they commit crimes, such as coming to our country without permission, they can be arrested.

If you use this logic, then anyone setting foot on this soil is subject to the jurisdiction of the US. Which means anybody here on vacation or a work trip or just driving thru can pop out a kid who gets automatic citizenship. Which is a horrible interpretation that needs to be ended. Instead, if someone is here on a work trip from Germany they should be considered to be under the jurisdiction of Germany.

104 posted on 05/30/2023 5:29:33 PM PDT by Mozzafiato
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