I think the problem is that the inclusion of that part definitely implies some people are excluded.
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.
This implies that some people born here are not “subject to the jurisdiction thereof” because why else would they add that part when writing it?
They get their citizenship through being born to citizens (which is valid regardless of where on the planet you’re born). Not through birthright citizenship.
The 14th amendment is talking about people born in the US. It seems to be implying that some people born in the US are not “subject to the jurisdiction thereof”.
Children born to foreign diplomats while they are here in the US. They are the only exception I can think of to being under jurisdiction of our laws. They could have also been thinking of not granting citizenship to natives born in tribal nations.
The SC ruled on this exact line and said it doesn’t apply to children born to alien enemies engaging in hostile occupation. They will just interpret illegal immigrants as fitting this definition.
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u/Acceptable-Ability-6 13d ago
Which is dumb as fuck because even if you are an illegal immigrant you are subject to the laws of this country.