People who sneak across the borders, and live wholly outside the laws of society, are not “subject to the jurisdiction” of the United States. They are alien invaders, not lawful immigrants. They are not persons that 14 Amendment is talking about, moron.
By that logic, we can't convict an undocumented immigrant of any crime, because he is not "subject to the jurisdiction" of the United States. We'd have to bring action against him in the country of his origin.
You guys can't have this both ways. Either they are subject to our laws or they aren't. If you arrest them for crimes, then you have to count them in the census.
This is all an academic excercise, since the Census doesn't count immigrant status.
First of, there is no such thing as "undocumented immigrant"? Either you immigrant, or you're illegal.
And no, there is no logic behind your post. It's quite opposite of what you think it is. If you are illegal, you're already breaking the law. Our law.
And your (non)understanding of "subject to the jurisdiction" shows how narrow sighted you are and your ignorance is self evident. Do you even know what it means?
Second, in order to understand the 14th Amendment, you need to understand the 13th.
The purpose of this language in the 14th Amendment was to prevent states from denying citizenship from freed slaves on the grounds that they could not prove either that they were born in the US or that their parents were citizens. Slaves were not regarded as citizens, and so a person born of slave parents was not a citizen at birth. The 13th Amendment would have ended condition of slavery, but would not have made him or her a citizen.
What the 14th Amendment did was grant citizenship to all freed slaves, who could prove that he or she was born in the United States, without regard to the status of his or her parents. Freed slaves who could prove their birth in the US were thus immediately citizens; those who could not would not necessarily be citizens, but their children would be. If Congress had left open any wiggle at all in this, democrats in Southern states would have used it to deny citizenship to freed slaves, which is why the language, and its ongoing interpretation, is so absolute.
The “subject to the jurisdiction” language was intended to exclude Natives from being citizens who, by treaty, had right of free passage and right of abode within the United States without being
subject to the full force of the laws of the United States. At the time the 14th Amendment was adopted, many native tribes had negotiated treaties with the United States that allowed their members the right to reside in various parts of the United States, while remaining subject only to the authority of their tribal governments. The purpose of this language was primarily to exempt these natives from being granted citizenship. This became moot in 1924 when Congress adopted the Indian Citizenship Act, which extended US citizenship to the members of all recognized Native American tribes, and made all such persons fully subject to the jurisdiction of the United States. Some tribes still view the 1924 Act as an abrogation of treaties lawfully entered into.
You know, Comedy Central may teach you how to cook Minute rice in whole 58 seconds, and CNN could tell you what you're allowed to think, but they wont tech you critical thinking or history. Purposely, of course, because that's what you, for them, are meant to be... a simple brainless mass. I would say, they're doing a great job.
