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Family Separation at the Border: US citizens are now being detained

That article omits the “and subject to the jurisdiction thereof” language of the 14th Amendment. There is an argument that that language means that the 14th Amendment does not require birthright citizenship for children of undocumented aliens.

So the argument is that people in this country who aren’t citizens aren’t subject to the jurisdiction of this country?

I’m no constitutional scholar but that seems to exclude diplomats not immigrants.
 
Two questions:

If non-US citizens are not "subject to the jurisdiction" of the US when they are in this country, what would that impact aside from birthright citizenship?

And if the original meaning of the 14th Amendment isn't that children born in the US to non-citizen parents are US citizens, why include it in the Constitution?
 
The argument being made is that the purpose of this language in the 14th Amendment was to overrule Dred Scott, which had held that slaves could not be US citizens, and provide that former slaves, most of whom by the 1860s had been born in the US, were, in fact, US citizens. The language was not so broad, however, as to make Native Americans citizens, despite being born in the US, because they were subject to the jurisdiction of their tribe.

So, Elizabeth Warren is not a citizen?
 
Somehow Junebug can post all this without understanding just how screwed up the founding fathers were.
 
Originalism doesn’t lionize the founding fathers. It just says the constitution means what it meant at the time it was ratified, which is hardly a novel proposition in law, or life.

Are you suggesting the 2nd amendment should only protect 18th century firearms? Because in that case, consider me an originalist.
 
Are you suggesting the 2nd amendment should only protect 18th century firearms? Because in that case, consider me an originalist.

No. The wisdom of our founding fathers clearly predicted and meant fully automatic weapons with 100 round magazines.
 
In 1924, Congress enacted the Indian Citizenship Act, which made Native Americans US citizens, so, fortunately, Elizabeth Warren can be president.

I have zero reservations over Elizabeth Warren becoming the next president
 
First they came for the bad hombres...
 
 
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