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re: What did the author of the 14th Amendment have to say about birthright citizenship?
Posted on 10/30/18 at 12:24 pm to Wednesday
Posted on 10/30/18 at 12:24 pm to Wednesday
quote:
I thought that Wong Kim Ark involved two legal residents.
It did, but the court's ruling has been interpreted to provide birthright citizenship regardless of the legality of their parents.
0
Posted on 10/30/18 at 12:28 pm to BBONDS25
quote:
Perhaps not as it applies the the 14th. Why is that funny to you?
The first question you should ask yourself when reading the Amendment is “what doe ‘under the jurisdiction’ mean?”
The last thing you should do is assume your personal/preferred definition is the applicable definition.
I guess it’s humorous that you skipped the first thing you should do and skipped straight to the last thing you should do. Is that why you are laughing?
Another test is if your interpretation of a passage is the same if you ignore a phrase you are mooting out that phrase. If the authors put in the phrase "subject to the jurisdiction of" it has to have a meaning.
Now that meaning might be something like "is subject to arrest" which would not help the anti-birthright people. But it could easily (and perhaps more correctly) be something closer to what the actual author intended as noted by the OP.
Posted on 10/30/18 at 12:54 pm to RollTide1987
quote:
He did:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
I think you read too much into the context of the clause. It means if you were born or naturalized in the United States you are in fact subject to the jurisdiction of the United States government and the particular state in that Union
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