Birthright Citizenship: What the Landmark 1898 Ark Case Does Not Say

There were no illegal aliens, dumbass. How could it mention them?
US v. Wong Kim Ark granted citizenship to children of permanent residents, not illegal aliens. It did not address children of illegal aliens because illegal aliens were not the issue before the court.

You are too emotionally compromised to make the distinction.
 
There is plenty of case law. Wong Kim Ark is the relevant case law.
As you said earlier Wong Kim Ark settled jurisdiction. They found anyone here, even temporarily, as Wong Kim's parents were, were under the jurisdiction of the United States and that the only exceptions were to indigenous tribes and children of diplomats whom they did not have jurisdiction over.
 
As you said earlier Wong Kim Ark settled jurisdiction. They found anyone here, even temporarily, as Wong Kim's parents were, were under the jurisdiction of the United States and that the only exceptions were to indigenous tribes and children of diplomats whom they did not have jurisdiction over.
Jurisdiction is more limited when the people in question are here illegally. They don't owe allegiance to the US. They are still citizens of the country they fled.

They shouldn't be granted full Constitutional protections just because they came here illegally.
 
US v. Wong Kim Ark granted citizenship to children of permanent residents, not illegal aliens. It did not address children of illegal aliens because illegal aliens were not the issue before the court.

You are too emotionally compromised to make the distinction.
Where does it say that? It doesn't.
 
Jurisdiction is more limited when the people in question are here illegally. They don't owe allegiance to the US. They are still citizens of the country they fled.

They shouldn't be granted full Constitutional protections just because they came here illegally.
Not what the treaties involving diplomatic immunity says. Using your reasoning, we could not arrest illegals for crossing the border because they are not under our jurisdiction.
 
Where does it say that? It doesn't.
Paragraph 118 of Wong:

The evident intention, and the necessary effect, of the submission of this case to the decision of the court upon the facts agreed by the parties, were to present for determination the single question, stated at the beginning of this opinion, namely, whether a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the emperor of China, but have a permanent domicile and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the emperor of China, becomes at the time of his birth a citizen of the United States. For the reasons above stated, this court is of opinion that the question must be answered in the affirmative.
 
Jurisdiction is more limited when the people in question are here illegally. They don't owe allegiance to the US. They are still citizens of the country they fled.

They shouldn't be granted full Constitutional protections just because they came here illegally.
Wong Kim's parents had temporary allegiance to the United States. They were subjects of the emperor of China, in the United States temporarily and returned to China with Wong Kim when he was a child. The Supreme Court made that point in their ruling noting that their "allegiance" was temporary, in that they had only chosen to live here for a limited time but that during this time their choice to reside and work here was evidence of their "allegiance" (I take this to mean they weren't invading foreign soldiers) and that during the time that they were here they were under the jurisdiction of the United States government rather than here under some form of diplomatic immunity.
 
That you can break multiple laws, break into our country illegally, committing crimes, then pop out an American citizen is ridiculous. That's like robbing a bank and giving the money to your newborn.
 
Not what the treaties involving diplomatic immunity says. Using your reasoning, we could not arrest illegals for crossing the border because they are not under our jurisdiction.
Notwithstanding that illegal immigrants do not possess diplomatic immunity...

The only time illegals enter our jurisdiction should be to be prosecuted for their illegal entry, not to grant them full Constitutional rights.

Using your reasoning we should grant them all citizenship.
 
Notwithstanding that illegal immigrants do not possess diplomatic immunity...

The only time illegals enter our jurisdiction should be to be prosecuted for their illegal entry, not to grant them full Constitutional rights.

Using your reasoning we should grant them all citizenship.
Subject to the jurisdiction encapsulates everyone who is under the authority of our legal system which includes, residents, visitors, green card holders, student visa holders and yes even illegals. They certainly aren't under the jurisdiction of their own countries while here in the United States.
 
The Supreme Court made that point in their ruling noting that their "allegiance" was temporary, in that they had only chosen to live here for a limited time but that during this time their choice to reside and work here was evidence of their "allegiance" (I take this to mean they weren't invading foreign soldiers) and that during the time that they were here they were under the jurisdiction of the United States government rather than here under some form of diplomatic immunity.
Paragraph 3 and 118 state the parents had a "permanent domicile." They weren't temporary residents.

Furthermore, it should be noted that if they were temporary residents, they would have been noted as such by the court.

As per allegiance:

"Allegiance and protection are, in this connection (that is, in relation to citizenship) reciprocal obligations. The one is a compensation for the other; allegiance for protection, and protection for allegiance.'"

Paragraph 59, US. v Wong Kim Ark (1898)

As far as that reasoning goes, illegal immigrants do not owe allegiance to the US when they enter, and the US is not obligated to grant them protection. They do not owe allegiance to the US in any part.
 
Subject to the jurisdiction encapsulates everyone who is under the authority of our legal system which includes, residents, visitors, green card holders, student visa holders and yes even illegals. They certainly aren't under the jurisdiction of their own countries while here in the United States.
Jurisdiction as it applies to immigration and naturalization purposes. Nothing else. You are not here legally, therefore you are not subject to any other law except the ones which apply to your illegal entry. Your constitutional rights only extend to those given to criminals on trial.

Like I said, if you didn't swear your allegiance to this country, you did not swear allegiance to its laws.
 
Paragraph 3 and 118 state the parents had a "permanent domicile." They weren't temporary residents.

Furthermore, it should be noted that if they were temporary residents, they would have been noted as such by the court.
It's noted by history. They left the United States and went back to China. The issue popped up when Wong Kim tried to come back. The permanent domicile thing is just evidence that they were living and working here and so not part of some invading army.
As per allegiance:

"Allegiance and protection are, in this connection (that is, in relation to citizenship) reciprocal obligations. The one is a compensation for the other; allegiance for protection, and protection for allegiance.'"

Paragraph 59, US. v Wong Kim Ark (1898)

As far as that reasoning goes, illegal immigrants do not owe allegiance to the US when they enter, and the US is not obligated to grant them protection. They do not owe allegiance to the US in any part.
Wong Kim's parents didn't denounce the emperor of China, nor did they abandon it. They returned to it. Allegiance is demonstrated by being a contributing member of society and so not an invading foreign army.
 
Jurisdiction as it applies to immigration and naturalization purposes. Nothing else. You are not here legally, therefore you are not subject to any other law except the ones which apply to your illegal entry. Your constitutional rights only extend to those given to criminals on trial.

Like I said, if you didn't swear your allegiance to this country, you did not swear allegiance to its laws.
Wong Kim's parents swore no allegiance to the United States.
 
Wong Kim's parents didn't denounce the emperor of China, nor did they abandon it. They returned to it. Allegiance is demonstrated by being a contributing member of society and so not an invading foreign army.
As a prerequisite of their permanent residence, they were required to pledge allegiance to the US. You cannot swear allegiance to a country by committing a crime like illegal entry.
 
As a prerequisite of their permanent residence, they were required to pledge allegiance to the US. You cannot swear allegiance to a country by committing a crime like illegal entry.
Where's your evidence of that? They weren't permant residents. They returned to China and remained there. This was known during the ruling since the case came about when Wong Kim tried to return from China as an adult.
 
Back
Top Bottom