So when Trump says "all the best legal scholars agree with him", he clearly means the likes of you. I mean the more you look into it, the more you're convinced. You spent all of 10 minutes deep diving it after all. |
Provide the legal definition and precedent for what jurisdiction means in this context. Hint: don't bother, you're far out of your depth. |
They're not synonymous but they go together. If you go to another country, you will be subject to their laws and in their jurisdiction. Same for people who come here. We can change the Fourteenth Amendment, through another amendment. But we cannot get a different meaning from the words. They are clear and plain. There's no fancy way to get around them. |
Actually no.
The “jurisdiction” clause was meant to exclude invading military and foreign diplomats. So if an embassy employee from Japan had a kid here, they would not be giver US citizenship as they were here under the jurisdiction of the Japanese govt. Also, if British military officers who were invading the US, had a wife who had kids on US soil, they would also not be given American citizenship. So if you are here illegally, not granted parole or a court date, then you are under the jurisdiction of your home country. Hence also not given citizenship. All the Supreme Court has to do is apply the “jurisdiction” clause to exclude illegals. A simple ruling in defining the scope of that term is all you need. |
Subject to the jurisdiction of the US in the context of the 14th amendment requires a person to be completely subject to US sovereign authority and political jurisdiction and not owing allegiance or being subject to any other country/nation/power. Illegal border crossers and other noncitizens entering the US are still citizens of their country of origin and it logically follows that their children would be as well (just like the child of two Americans born outside of the US is still a US citizen). There was a reason the amendment was drafted to say born in the US *and* subject to the jurisdiction thereof. I could see Wong being overturned. |
It’s a logistical nightmare. |
Here's the EO. It's long but this is the relevant portion. It applies to births starting 30 days from today.
https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/ Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth. |
Good. This is common sense and should have been implemented long ago. |
+1. |
Very rational. People who are temporarily visiting or illegally present are not subject Tim the jurisdiction of this country. Few other countries allow people to obtain citizenship this way. |
Unless we change the definition of "subject to the jurisdiction", this is just dumb. However, SCOTUS recently said that "adjacent" does not mean adjacent. So maybe they'll say jurisdiction doesn't mean jurisdiction. That won't cause any other problems. |
Yes they are. Of course they are. |
Wow, the United States finally joins the rest of the world in 2025 where citizenship requires at least one parent be a citizen. Way to go with common sense USA. Birthright citizenship as it was previously done was nutso. |
Sorry, but this EO is unconstitutional. If you don't like the Fourteenth Amendment, then propose an amendment to change it. |
DP. Sounds like you're defending birthright citizenship. Please explain why. |