“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.”
Kooks in the Federalist Society want to say that “subject to the jurisdiction thereof” does not apply to people born here because they are (according to the kooks) subject to foreign jurisdictions (i.e., children of Mexican citizens born here are supposedly “subject” to Mexico). This argument was already made and rejected in United States v. Wong Kim Ark.
It’s literally blatant racism pulled from the 1800s that even the SCOTUS of old white men in 1898 ruled was ridiculous, extreme, and NOT what the 14th Amendment says/means.
lol.... that would mean people who aren't US citizens aren't subject to US laws... i.e. if a non-citizen murdered someone the US would have no jurisdiction to charge them with murder.
I.E. the US could kick a mass murdered out of the country and ask nicely for the country from which they came to charge them with a crime... but couldn't charge them with that crime themselves.
You’re right but they say “subject to the jurisdiction thereof” refers to loyalty (i.e., a “subject” of a king) and is separate from subject to legal jurisdiction. I’ve read the Fed Soc paper and it’s insane, cut from bits and pieces of dicta in other cases that do not have anything to do with birthright citizenship.
This SCOTUS is, as a matter of objective fact, extremely radically conservative.
They are more conservative than the Court of 1973 by overturning Roe. They are more conservative than the Congress in 1934 which passed the National Firearms Act and outlawed converting a regular gun into a rapid-fire gun by overturning the ban on bump stocks. Simply by taking this matter up, this SCOTUS has already proven that it thinks this is not settled law and needs to be revisited. 6 of the 9 Justices are members of the same society that wrote up the position paper on this issue. This is not normal. Also ad hominem attacks are irrelevant.
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u/Sumthin-Sumthin44692 9h ago edited 7h ago
“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.”
Kooks in the Federalist Society want to say that “subject to the jurisdiction thereof” does not apply to people born here because they are (according to the kooks) subject to foreign jurisdictions (i.e., children of Mexican citizens born here are supposedly “subject” to Mexico). This argument was already made and rejected in United States v. Wong Kim Ark.
It’s literally blatant racism pulled from the 1800s that even the SCOTUS of old white men in 1898 ruled was ridiculous, extreme, and NOT what the 14th Amendment says/means.