“AND SUBJECT TO THE JURISDICTION OF”
Does anyone ever ask, why did they insert the phrase “and subject to the jurisdiction thereof,” instead of simply saying, “All persons born or naturalized in the United States.” The second part of the clause was deliberately inserted into the 14th Amendment (approved 1866, ratified 1868) precisely because Congress did not want to grant automatic birthright citizenship to every person physically born on U.S. soil.
Without that qualifying language, the clause would have been over-inclusive. The historical record from the 1866 congressional debates makes the intended exclusions clear. Senator Jacob Howard, who was the author of the Citizenship Clause, state in 1866; “This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the governments of Europe, or Africans belonging to other foreign peoples … but will include every other class of persons.”
Also, Senator Lyman Trumbull (Chairman of the Judiciary Committee), proclaimed; “The provision is, that ‘all persons born in the United States, and subject to the jurisdiction thereof, are citizens.’ That means ‘subject to the complete jurisdiction thereof.’ … What do we mean by ‘subject to the jurisdiction of the United States?’ Not owing allegiance to anybody else. That is what it means.”
Thirdly, Senator Edgar Cowan expressed concern that the clause would grant citizenship to children of Chinese immigrants and “gypsies”; Howard and others responded that it would not, because those parents owed allegiance to a foreign power and were not fully subject to U.S. jurisdiction.
The Supreme Court's 1873 Slaughterhouse decision contained the statement that "The phrase, 'subject to its jurisdiction,' was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign states born within the United States." This case wasn’t about birthright citizenship, so it was found not relevant as precedent.
Thank you for your attention to this matter.
@davidryanhenry@DonnieTobrasco@Squigg It’s funny you said that, because once in a while, Gorsuch or Kavanaugh will randomly side with the liberals on the most random cases.
So there’s never really any guarantee with those two either. The vote could be 7-2. Or even 9-0.
CRAZY
Town of Newbury, MA sent out a letter to residents ahead of July 4th warning that flying the American Flag endangers birds and can lead to penalties
We will chip in for anyone facing penalties in this town for flying the American Flag on the 4th of July 🇺🇸🇺🇸🇺🇸
@instagram@facebook@mosseri@finkd Do you people have shit for brains? Your AI tools are garbage. This is a real account, I manually created for an app which is almost built. Your review tools suck donkey dick too.
And of course there’s almost no way to contact IG or FB with troubles like this…
@nmlinguaphile We could have had real originalists like Diane Sykes, Thomas Lee, Neomi Rao, Greg Katsas, James Ho, Lawrence Van Dyke, etc…
Barrett was a wasted pick and a problem because she’s reasonably young.
Is this serious, or are you being facetious?
Otherwise, the Tampa Police Department @TampaPD has lost their fucking mind, charging someone for eating bacon in public.
First Tampa PD, now Fort Worth PD. These law enforcement agencies need a refresher in the 1st Amendment.
Keep me in prayer. I have court tomorrow because I was charged with a crime for preaching to Muslims and eating.bacon in front of them on public property in Tampa Fl.
I shot this in South Luangwa National Park, Zambia. When visiting that park, you sleep right inside it by the river, where the animals cross.
I happened to wake up around 2am one night, and could here movement. I unzipped the tent and took a peak, and this hippo was chowing down by the fence line.
#zambia #wildlife
@redstatesavanna There’s a few Netflix originals; Lilyhammer, Hemlock Grove, Him and Hers (that’s a new one with dude from the Punisher, it was pretty good).
@redstatesavanna One of the best things I watched in the last couple years is the series of Day of the Jackal. It’s a remake of a couple movies, but the series is great.