A Short Primer on the Citizenship Clause in the 14th Amendment

[rightwinger]

All people means all American citizens, it does not mean all 7 billion people on the planet.
The 14th amendment was written for the emancipated slaves and for all American citizens.
It was not written for foreigners who illegally crossed our border.

They understood the English language and how it applies to the law. If they meant emancipated slaves, they would have used that language

They wrote it for all people within the confines of the US

 

[Paleman]

Well then the amendment should have said so.

Back in the 1800s, we did not have illegal invaders, so you can't protect yourself from something that didn't exist and would never be expected to happen. We now have that problem because of corrupt, stupid and country-hating politicians and the fools that vote for them. Screw you all!!!!!!!!!!!!!!!!!!!!!!

 

[SweetTea]

Well then the amendment should have said so.

It is often hard to have that type of foresight. In 1866, who would have thought that we would be allowing people to skirt our laws to enter the country to take advantage of us?

 

[SweetTea]

They understood the English language and how it applies to the law. If they meant emancipated slaves, they would have used that language

They wrote it for all people within the confines of the US

They didn't foresee illegals. It really is kind of crazy to think that we have so many people arguing on their behalf.

 

[pknopp]

Back in the 1800s, we did not have illegal invaders, so you can't protect yourself from something that didn't exist and would never be expected to happen. We now have that problem because of corrupt, stupid and country-hating politicians and the fools that vote for them. Screw you all!!!!!!!!!!!!!!!!!!!!!!

Right. And you just can't make crap up to address it.

 

[pknopp]

It is often hard to have that type of foresight. In 1866, who would have thought that we would be allowing people to skirt our laws to enter the country to take advantage of us?

We built roads. We then built cars. We then had to pass laws to address cars.

 

[SweetTea]

Right. And you just can't make crap up to address it.

The language didn't mention them because it wasn't a thing back then. It didn't include or preclude them. It needs to be re-interpreted to mean no more anchor babies. I don't think it can reasonably be enforced retroactively, but can take effect going forward.

 

[TroglocratsRdumb]

They understood the English language and how it applies to the law. If they meant emancipated slaves, they would have used that language

They wrote it for all people within the confines of the US

No they didn't.
It was written for freed slaves and American citizens.
If they wanted it to include foreigners who illegally crossed our border, it would have said so.

 

[BackAgain]

Well then the amendment should have said so.

No need. It has simply been misunderstood but the proper interpretation is available.

 

[pknopp]

No need. It has simply been misunderstood but the proper interpretation is available.

Sadly it likely won't be ruled on. All Trump argued was whether or not Trump can ignore federal rulings he doesnt like.

 

[rightwinger]

No they didn't.
It was written for freed slaves and American citizens.
If they wanted it to include foreigners who illegally crossed our border, it would have said so.

The 13th and 15th amendment specifically refer to freed slaves. The 14th does not

“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”

 

[SweetTea]

Sadly it likely won't be ruled on. All Trump argued was whether or not Trump can ignore federal rulings he doesnt like.

Or that federal judges can't make rulings just because they personally don't approve of what Trump is doing. That is happening.

 

[TroglocratsRdumb]

The 13th and 15th amendment specifically refer to freed slaves. The 14th does not

“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”

Persons means citizens.

 

[BackAgain]

Sadly it likely won't be ruled on. All Trump argued was whether or not Trump can ignore federal rulings he doesnt like.

You misunderstand.

But that’s par for the course.

 

[John Edgar Slow Horses]

If at least one of the parents are American citizens then the child is also an American citizen., and it doesn't matter where the child is born.
If neither of the parents are American citizens then the child is not an American citizen.

Wrongl

 

[John Edgar Slow Horses]

They didn't foresee illegals. It really is kind of crazy to think that we have so many people arguing on their behalf.

Wrong.

 

[ThisIsMe]

This is the historically accurate reason for the citizenship clause in the 14th.

After passing the Civil Rights Act of 1866, former Confederate states said freed slaves may well be a United States citizen, but only a state could grant them state citizenship, and former Confederate states refused to grant [state] citizenship.

Further, Dred Scott was still the law of the land, thus freed slaves, all blacks in fact, could not be United States citizens either.

Thus, Congress added the citizenship clause to the 14th, to enforce the Civil Rights Act of 1866, and included both state and United States citizenship in order to overcome both of those situations.

PS Wong Kim Ark's parents were legal resident aliens, thus making themselves subject to the jurisdiction of the United States.

I agree, but this case is a loser. Scotus isn't going to overturn BRC.

 

[excalibur]

I agree, but this case is a loser. Scotus isn't going to overturn BRC.

But they never upheld BRC.

 

[ThisIsMe]

The Original Meaning of "Subject to the Jurisdiction" of the United States​

It meant under the authority of U.S. law, thus excluding foreign diplomats, foreign armies and (at the time) Native American tribes.​

The Original Meaning of "Subject to the Jurisdiction" of the United States

If you read the debates the senate had, they referred to the "complete authority", meaning, owing no allegiance to any other country, and no country can claim authority over them.

A child born here is under the jurisdiction of their parents, who's home country can claim authority over them and they owe allegiance to that country.


It doesn't matter though, this isn't going anywhere.

 

[ThisIsMe]

Just to be clear, Are undocumented immigrants subject to having charges filed against them? Doesn't that make them subject to the jurisdiction of the US? People with diplomatic immunity are not subject to the jurisdiction of the US, but I'm pretty sure most undocumented immigrants are.

There is a difference between being subject to the law, and subject to the jurisdiction.