A diplomat in the United States is not subject to the jurisdiction of the United States- we cannot arrest, or jail anyone who is considered a diplomat- and that includes their family.
An illegal alien is absolutely subject to the jurisdiction of the United States as long as he or she is in the United States.
Well, if illegal aliens are not subject to US jurisdiction, then we've screwed up pretty bad because tens of thousands of them are serving time in state and federal peregrinates. We've even executed some of them and deported over 360,000 in 2013.
In case there is some confusion, the first sentence in the 14th amendment reads.
"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." I don't see how congress could make it any clearer than this.
14th Amendment Constitution US Law LII Legal Information Institute
Again, no foreigner here is exempt from our laws. Yet you stretch that to mean that their kids should get birthright citizenship based on that. Yes, read what you quoted again. It is clear that "AND" subject to our jurisdiction is the qualifier. In most cases foreigners here are not subject to our full jurisdiction a separate thing from not being exempt from our laws. Their allegiance and citizenship is with another country so their kids born on our soil are also.
"Again, no foreigner here is exempt from our laws." -
Wrong. Foreigners with diplomatic immunity are exempt from our laws. They do not fall under the jurisdiction of the United States.
Just to make it simple for you:
All persons born in the United States, and subject to the jurisdiction thereof (which includes everyone born in the US that does not have diplomatic immunity)
, are citizens of the United States. It doesn't matter whether their parents are illegal aliens, terrorists, or descendants of the pilgrims, they are US citizens. The 14th amendment enshrines one the most noble American beliefs.
The amendment is clear and there is just no way of interpreting it to read that children born in the US of illegal immigrants are not US citizenship.
Of course there is . It is in Post # 132. Can't you read ?
What the author of the legislation intended is only relevant if there is any ambiguity in the legislation. In the case of the citizenship clause there is absolutely none.
Although Howard may have intended that the amendment read,
will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include every other class of person."
The amendment actually reads, "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."
Howard's intent is irrelevant, nor why his intent was not expressed in the amendment. It is what the Congress intended and the states that ratified the amendment intended and their intend is in black and white in the first sentence of the amendment.
FALSE! Howard's intent is 100% relevant, and it is the core of the amendment. At the time the amendment was written, it was so assumed (note the words >
"of course") that citizenship would not extend to kids who belong to foreigners, that it seen as simply understood, and not needed to be writtten in the amendment. It was felt that it was there just by assumption. If everything possible were to be put in every amendment, the Constitution would be trillions of pages long.
For the first amendment, regarding free speech, some things were not included in the amendment, which the amendment should, and does, include. These exceptions to the 1st amendment are now law in the USA, while still not being in the 1st amendment (ex. perjury, slander, libel, sedition, threats, fighting words, obscenity laws, etc)
What Congress intended, IS what Howard intended. It's just that, at the time, looking from foresight, nobody even dreamed of the ludicrous situation we have today where malicious, rogue countries (Mexico, China, India) use the absence of full specifics in the Constitution, (together with shameful Democrat et al political support) to invade the US and pillage it, as in the current 21st century style of imperialism they employ now, by way of remittances$$$$$$ and human services payouts$$$$$$