The Ultimate "Birther" Test Case

[John Edgar Slow Horses]

Anyone inside the US, outside of those exceptions in the 14thA, is subject to US jurisdiction.

 

[surada]

Yesterday, the President alluded to an article written by a lawyer who REALLY dislikes KH, claiming that KH might not be a legitimate U.S. citizen.

Here is the argument: Despite the fact that "everyone knows" that anyone born on U.S. soil is a U.S. citizen, that is not exactly what the 14th Amendment says. The wording in question is, "All persons born...in the United States, and subject to the jurisdiction thereof, are citizens..." The common understanding ignores the italicized words. What does it mean to NOT be "subject to the jurisdiction thereof"? It can't refer to criminal laws and things of that nature because everyone is subject to those laws. The legislative history indicates that the concern of the drafters was with the offspring of foreign diplomats and possibly military personnel in the U.S. on temporary assignments. THOSE people are subject to the jurisdiction of their home countries, and not the U.S. Babies born to such people would not be U.S. citizens.

So what about KH? Both of her parents were citizens of foreign countries, and here on student visas when she was conceived and born. This is almost exactly the sort of person that the drafters of the 14th Amendment were trying to EXCLUDE.

I do not believe that there is any USSC case that specifically addresses this question, so the argument for her disqualification is tenable, though probably not winnable. Wouldn't it be priceless if the infamous RBG retired tomorrow, Trump got another Conservative on the Court, and someone sued to have KH removed from office because she is not legitimately a citizen? Not exactly a slam dunk in the USSC under those circumstances.

Trump hasn't read or understood the statute either. There are only two kinds of US citizenship.. Natural born and naturalized.

8 U.S. Code § 1401 - Nationals and citizens of United States at birth

www.law.cornell.edu