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To: woodpusher
To hold that the Fourteenth Amendment of the Constitution excludes from citizenship the children, born in the United States, of citizens or subjects of other countries would be to deny citizenship to thousands of persons of English, Scotch, Irish, German, or other European parentage who have always been considered and treated as citizens of the United States.

The states had various provisions to make legal residents into citizens. I recall seeing them. I'm thinking that after the civil war, this power was absorbed by the Federal government, but the behavior of all involved went on as before. People would come to be legal residents and would be regarded as citizens even if they went through no formal process.

But the elephant in the room is illegal aliens. These didn't exist in the time of Wong Kim Ark because there were no laws barring people from entering the country.

So your intention of applying that section from Wong Kim Ark to modern America doesn't really work. It's not quite honest about the difference between how things worked then, and how things work now.

116 posted on 07/24/2023 10:37:11 AM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: DiogenesLamp
But the elephant in the room is illegal aliens. These didn't exist in the time of Wong Kim Ark because there were no laws barring people from entering the country.

So your intention of applying that section from Wong Kim Ark to modern America doesn't really work. It's not quite honest about the difference between how things worked then, and how things work now.

He swings... and he misses again.

14A apples to all persons.

Are you really giving me your best effort, or do you still lack zeal?

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.

Are you one of those who thinks that the Constitution morphs with time?

Or do you just have a terrible problem understanding the meaning of "all persons." Perhaps you think it means all persons except those without your approval?

https://www.law.cornell.edu/cfr/text/31/515.329

31 CFR § 515.329 - Person subject to the jurisdiction of the United States; person subject to U.S. jurisdiction.

§ 515.329 Person subject to the jurisdiction of the United States; person subject to U.S. jurisdiction.

The terms person subject to the jurisdiction of the United States and person subject to U.S. jurisdiction include:

(a) Any individual, wherever located, who is a citizen or resident of the United States;

(b) Any person within the United States as defined in § 515.330;

(c) Any corporation, partnership, association, or other organization organized under the laws of the United States or of any State, territory, possession, or district of the United States; and

(d) Any corporation, partnership, association, or other organization, wherever organized or doing business, that is owned or controlled by persons specified in paragraphs (a) or (c) of this section.

[50 FR 27437, July 3, 1985, as amended at 68 FR 14145, Mar. 24, 2003; 80 FR 2292, Jan. 16, 2015; 81 FR 13991, Mar. 16, 2016]

- - - - -

https://www.law.cornell.edu/cfr/text/31/515.330

§ 515.330 Person within the United States.

(a) The term person within the United States, includes:

(1) Any person, wheresoever located, who is a resident of the United States;

(2) Any person actually within the United States;

(3) Any corporation, partnership, association, or other organization organized under the laws of the United States or of any State, territory, possession, or district of the United States; and

(4) Any corporation, partnership, association, or other organization, wherever organized or doing business, which is owned or controlled by any person or persons specified in paragraphs (a)(1) or (a)(3) of this section.

(b) [Reserved]

[28 FR 6974, July 9, 1963, as amended at 68 FR 14145, Mar. 24, 2003]


140 posted on 07/24/2023 6:43:23 PM PDT by woodpusher
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