Comment by onetimeusename
5 days ago
I don't think it's obvious. Like why do you think the dissenters are wrong to question what is meant about being "subject to the jurisdiction thereof"? The intention was to prevent former slaves from being deprived of citizenship so what is an argument to say this obviously includes someone who arrives for birth tourism? Why doesn't this include children of diplomats, as one example, if it's such an all encompassing law?
Because when you are in a country, you are subject to it’s jurisdiction. Can you be arrested for petty crimes? Yes? Then you’re under that country’s jurisdiction.
That's what the justices said. That has generally been how modern courts interpret it, with a textualist interpretation. But that was not the original intention of the law which I already stated. So to go back to my original point, it's not an obvious conclusion.
> But that was not the original intention of the law which I already stated
You've stated it, but not evidenced it. This is certainly the right-wing talking point, but never strongly sourced. The meaning of this phrase was viciously debated. Would it surprise you to know that many in Congress hated it for similar reasons as nationalists today?
Let me say this again: the meaning of this phrase was openly and viciously debated in the public record! Senator Cowan thought the phrasing created a loophole for birthright citizenship, and the amendment creators explicitly, overtly, repeatedly agreed with his interpretation of the phrasing and defended it as deliberate policy.
Feel free to read some of this: https://global.oup.com/us/companion.websites/libertyandjusti... (CTRL+F "If my friend from Pennsylvania" for a quite pertinent line).
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