Trump is correct in Trump v. Barbara

[johnwk]

No other country awards automatic citizenship to the offspring of an illegal alien.

Not only that but enter another country illegally and you are in deep do do, e.g., The penalty for entering Mexico illegally includes detention, monetary fines, and mandatory deportation

 

[Jets]

Well, if that is the case, please point to the wording in our federal Constitution authorizing our S.C. to create a group of identifiable persons blessed with the priceless privilege of U.S. natural born birthright citizenship.

I happen to agree with this authors opinion on the subject.

Thus when the Fourteenth Amendment's drafters picked the phrase "subject to the jurisdiction," it had an established meaning that was already closely connected to citizenship. The first part of the citizenship clause ("born in the United States") adopted the territorial principle of jus soli. The second part embraced the longstanding exclusions from the jus soli principle: people in U.S. territory but nonetheless not under U.S. sovereign authority, namely diplomats, foreign armies and tribal Native Americans, who had not traditionally been born citizens.

The Senate debates, where the citizenship clause was developed, bear this out. Initially, the proposed Amendment guaranteed rights to citizens without defining citizens. Senator Wade pointed this out and suggested guaranteeing rights to all persons born in the United States. Senator Fessenden objected that some U.S.-born people were not citizens under existing law (which Wade acknowledged, mentioning ambassadors). Senator Howard then proposed the language that became the citizenship clause, describing the "subject to the jurisdiction" language as excluding children of ambassadors.

Finally, the Senators considered the citizenship of U.S.-born children of aliens. Senator Cowan objected (in overtly racial terms) that the proposal would make citizens of U.S.-born children of Chinese immigrants on the West Coast. California Senator Conness (himself an Irish immigrant) agreed it would have this effect, but enthusiastically endorsed it. No Senator disagreed with the Cowan/Conness interpretation, including Howard (who wrote the clause) and Senator Trumbull (who originally introduced the proposed Amendment). Indeed, in an earlier exchange with Cowan, Trumbull said that U.S.-born children of Chinese immigrants (like all U.S.-born children of immigrants) should be considered citizens. And the Senate then adopted Howard's language without further revision.

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

In this post I'll consider the original meaning of the second requirement of the Constitution's citizenship clause: that a person…

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