December 19, 2024
Subject to the Jurisdiction
Timothy Birdnow
Why birthright citizenship is a lot of horsepoop.
The Constitution does not Grant Birthright Citizenship to the Children of Illegal aliens
What the media omits when discussing the 14th amendment is the words "subject to the jurisdiction thereof". You can't pass along citizenship to people who are subject to the jurisdiction of the countries to which they are citizens. Just showing up doesn't do it (nor does it grant that to tourists or foreign diplomats, etc.)
So Trump may well be able to end it by exectuvie order and it may stick if the Supreme Court does it's job (no sure thing with good old John Roberts at the helm and you never know with Coney-Barrett and Neil Gorsuch.
The sponsor of the 14th Amendment, Senator Jacob Howard of Michigan, had this to say about it at the time:
So if we adhere to original intent then birthright citizenship is illegal. Clearly Congress did not intend to use it as a way to award citizenship as a participation trophy.
Howard further explained what he meant by "subject to the jurisdiction":
Which means that you aren't a citizen if you come here while being subject to another nation. Case closed.
Why birthright citizenship is a lot of horsepoop.
The Constitution does not Grant Birthright Citizenship to the Children of Illegal aliens
What the media omits when discussing the 14th amendment is the words "subject to the jurisdiction thereof". You can't pass along citizenship to people who are subject to the jurisdiction of the countries to which they are citizens. Just showing up doesn't do it (nor does it grant that to tourists or foreign diplomats, etc.)
So Trump may well be able to end it by exectuvie order and it may stick if the Supreme Court does it's job (no sure thing with good old John Roberts at the helm and you never know with Coney-Barrett and Neil Gorsuch.
The sponsor of the 14th Amendment, Senator Jacob Howard of Michigan, had this to say about it at the time:
"This 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 persons."
So if we adhere to original intent then birthright citizenship is illegal. Clearly Congress did not intend to use it as a way to award citizenship as a participation trophy.
Howard further explained what he meant by "subject to the jurisdiction":
"the word "jurisdiction,” as here employed, ought to be construed as to imply a full and complete jurisdiction on the part of the United States, coextensive in all respects with the constitutional power of the United States, whether exercised by Congress, by the executive, or by the judicial department; that is to say, the same jurisdiction in extent and quality as applies to every citizen of the United States now. Certainly, gentlemen cannot contend that an Indian belonging to a tribe, although born within the limits of a State, is subject to this full and complete jurisdiction."
Which means that you aren't a citizen if you come here while being subject to another nation. Case closed.
Posted by: Timothy Birdnow at
12:09 PM
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