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| ▲ | cco 2 days ago | parent | next [-] | | The word jurisdiction is where it gets confusing. The meaning of that word does not map 1:1 to its modern usage. To wit, if we read it as "subject to the laws of the land", then the invading army exception does not make sense, invading soldiers are subject to the laws of the United States and have been tried and convinced of violating them. Note, diplomat exception still makes sense, they _are not_ subject to the laws of the land. So, how do you define jurisdiction in this amendment in a way that covers both invading soldiers and diplomats? I don't think it is super straightforward. To put good faith on the table, I ultimately agree with your opinion here that birthright citizenship is settled and the vast majority of folks arguing against it are doing so in bad faith. But I also recognize the text of the amendment has holes to my eyes and could be updated for clarity. | | |
| ▲ | solid_fuel 2 days ago | parent | next [-] | | > To wit, if we read it as "subject to the laws of the land", then the invading army exception does not make sense, invading soldiers are subject to the laws of the United States and have been tried and convinced of violating them. Note, diplomat exception still makes sense, they _are not_ subject to the laws of the land. I don't agree with your assertion here. Do you have more details on the claim that "invading soldiers [...] have been tried and convinced of violating them [US Laws]"? As I understand it, invading soldiers are not subject to the laws of the United States nor are they protected by the bill of rights - instead they are enemy combatants and subject to military force. You don't arrest and charge active combatants, you fight them. If they surrender they become prisoners of war and would be covered under the treaties that apply to POWs, not civilian laws. They don't become citizens by surrendering. I suspect the gray area would be around terrorists and stateless combatants, but the general principle that "people who are operating under the orders of a foreign government are not subject to the laws of the united states, but rather bound by the treaties between the US and their foreign state" would still apply. | | |
| ▲ | jkubicek 2 days ago | parent [-] | | > I suspect the gray area would be around terrorists Maybe this is a gray area in theory, but practically speaking I don't think it matters. The child has nothing to do with the parent's choices in life, do they deserve to be treated any differently than any other child born in the US? |
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| ▲ | rayiner 2 days ago | parent | prev [-] | | It doesn’t cover diplomats either because courts do have jurisdiction over diplomats for certain non-criminal matter. > vast majority of folks arguing against it are doing so in bad faith What’s “bad faith” about it? | | |
| ▲ | HelloMcFly 9 hours ago | parent [-] | | In my view: the lack of engagement with the historical record. This topic - and the meaning and expected outcomes of the wording for the amendment - were discussed and debated as part of the open 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. As I posted elsewhere, you can read some of this for yourself: https://global.oup.com/us/companion.websites/libertyandjusti... (CTRL+F "If my friend from Pennsylvania" for a quite pertinent line). |
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| ▲ | jhhh 2 days ago | parent | prev | next [-] | | What in the dissenting opinions definition of jurisdiction did you disagree with? | |
| ▲ | MisterMower 2 days ago | parent | prev | next [-] | | Members of American Indian tribes were born in the United States after the 14th amendment was passed but it took an act of Congress to make them citizens. The question of jurisdiction is a very real one that isn’t nearly as cut and dry as you’re implying it to be. | | |
| ▲ | matthewdgreen 2 days ago | parent [-] | | You're trying to impute complexity to a thing in order to achieve a goal that is not achievable. The 1866 Congress that debated the amendment understood and intended that Indian tribal nations would not be covered by the clause because they were separate nations not under the jurisdiction of US law. Here's an example of the debate [1] where they discuss it. Far from making your point, examples like this make it obvious that everyone involved in framing the amendment thought deeply about what "jurisdiction" meant, which is why you can't just assign new meaning like "yeah it means parents have to be citizens." I really urge you to read the original debate. It isn't like the handwritten notes we get from the 1700s; it's typewritten and the Senators are so thoughtful and utterly precise about what they meant. It's ELI12. [1] https://digital.library.unt.edu/ark:/67531/metadc30867/m1/12... | | |
| ▲ | dnemmers a day ago | parent | next [-] | | Have you read through that link? I'm not taking a side here, but it injects a couple more words that could imply something else: [Mr. Howard] (Sen. from MI) "This amendment which I have offered is simply declaratory as what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of embassadors or foreign ministers accredited to the government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States." (Apologies for any typos as this was hand written.) | | |
| ▲ | matthewdgreen a day ago | parent [-] | | What are the confusing words? You gave a quote that sums up the long-accepted understanding of who's exempt from the citizenship clause: "This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of embassadors or foreign ministers accredited to the government of the United States, but will include every other class of persons." They don't mention Indian tribes in that quote, but they mention it elsewhere. Seems completely clear to me. |
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| ▲ | dnemmers a day ago | parent | prev | next [-] | | I kept reading pages, and there's plenty of other questionable conclusions: [Mr. Conness] (Sen. CA) (Acclaimed for his pro-Chinese immigration views. Wiki: "In the Senate debate on the 14th Amendment, Conness said “We are entirely ready to accept the provision proposed in this constitutional amendment, that the children begotten of Chinese parents in California … shall be citizens.” from the link: "Now, I will say, for the benefit of my friend, that he may know something about the Chinese in future, that this portion of our population, namely, the children of Mongolian parentage, born in California, is very small indeed, and never promises to be large, notwithstanding our near neighborhood to the Celestial land. The habits of those people, and their religion, appear to demand that they all return to their own country at some time or other, either alive or dead. There are, perhaps, in California today about forty thousand Chinese--from forty to forty-five thousand. Those persons return invariably, while others take their places, and, as I before observed, if they do not return alive their bones are carefully gathered up and sent back to the Flowery Land. It is not an unusual circumstance that the clipper ships trading between San Francisco and China carry at a time three or four hundred human remains of these Chinese. When interred in our State they are not interred deep in the earth, but laid very near the surface, and then mounds of earth are laid over them, so that the process of dis-interment is very easy. That is their habit and custom; and as soon as they are fit for transmission to their own country they are taken up with great regularly and sent there. None of the bones are allowed to remain. They will return, then, either living or dead. " (Sadly the site is now offline.) | | |
| ▲ | matthewdgreen a day ago | parent [-] | | There's nothing terribly confusing here. In fact it's a helpful set of quotes. This is one Senator saying "hey, second-generation Chinese immigrants will be citizens. And that's fine because I don't think there will be too many of them." |
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| ▲ | dnemmers a day ago | parent | prev | next [-] | | An additional section from the page provided that I found odd: [Mr. Cowan] (Sen from PA) "So far as the courts and the administration of the laws are concerned, I have supposed that every human being within their jurisdiction was in one sense of the word a citizen, that is, a person entitled to protection; but in so far as the right to hold property, particularity the right to acquire title to real estate, was concerned, that was a subject entirely within the control of the States. It has been so considered in the state of Pennsylvania; and aliens and those who acknowledge no other allegiance, either to the State, or to the General Government, may be limited and circumscribed in that manner. I have supposed, further, that it was essential to the existence of society itself, and particularly essential to the existence of a free State, that it should have the power, not only of declaring who should exercise political power within its boundaries, but that if it were overrun by another and a different race, it would have the right to absolutely expel them." | |
| ▲ | MisterMower a day ago | parent | prev [-] | | Can you link to the portion of the debate where everyone agreed on what “under the jurisdiction of” means? The issue was contentious then as it is now. They wouldn’t have spilled so much ink on the topic if it wasn’t. Your link is proving my point. | | |
| ▲ | matthewdgreen a day ago | parent [-] | | Sure, I already did explain it. They explicitly said that "not under the jurisdiction" would cover children belonging to Indian tribes, the children of ambassadors, and they discussed the need to be able to expel occupying armies. Someone said "what about the kids of Chinese people" and the sponsors said "yep, if we adopt this language they'll get to be citizens too". None of it's complicated. You could read this as an 8th grader and have no doubt what they were trying to do. Most of the discussion was of the form "hey, could we add an exception to exclude even more people from citizenship" and then the sponsors would say something like, "yes, we agree that those people aren't excluded under the current language; that adding extra language could exclude those people; and that we don't want to exclude those people or change the language." And then Congress voted for the language exactly as it was originally proposed. |
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| ▲ | whateveracct 2 days ago | parent | prev | next [-] | | literally on the tin | |
| ▲ | pfannkuchen 2 days ago | parent | prev [-] | | [flagged] | | |
| ▲ | solid_fuel 2 days ago | parent | next [-] | | You're talking in circles here. Please, use your big person words. Say what you mean explicitly. | | |
| ▲ | pfannkuchen 2 days ago | parent [-] | | [flagged] | | |
| ▲ | Supermancho 2 days ago | parent [-] | | > I did say what I mean explicitly. > it comes out sideways in other dimensions > current moral programming Not one of these words holds meaning in context. If it were only the phrases, there might be some grounded message. Each word and phrase seems to be code for a concept attached to your specific mental model. People tend not to have discussions with other people who cannot grasp what they are, or are not, saying. I would guess and engage further, but assuming what you are saying is unfair and leads to the tired case of Humpty Dumpty versus Alice. Words mean what one side says they do, as a way to avoid exchange. |
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| ▲ | s1artibartfast 2 days ago | parent | prev | next [-] | | I agree with the phenomenon but dont thinnk that is the case here. I know lots of people that have no issue loudly oposing demograpic change that still stumble on the issue of how to read constitutional text. | | |
| ▲ | pfannkuchen 2 days ago | parent [-] | | My point is that I don't think anyone would be focusing on this particular constitutional text if the underlying reason they are focused on it were allowed to be discussed in the open. It sounds like you don't disagree with that? Do you logically agree but you feel like it must be wrong somehow? Moral programming do be like that. | | |
| ▲ | s1artibartfast 2 days ago | parent [-] | | I agree that people use convouted rationalizations to justify the outcomes they want when their actual preferences are taboo to state outright. I thought you were accusing the SCOTUS of doing that, which I disagreed with. I agree the public discussion is more charged and less coherent because some people are trying to project their taboo moral stances on to dry and boring question of textual interpretation. That said, I think this case isnt the best example. I think there are lots of people who question if children of tourists or illegal enterants of the US should be given automatic citizenship, even without buying into demographic preferences. |
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| ▲ | erxam 2 days ago | parent | prev [-] | | [flagged] | | |
| ▲ | 2 days ago | parent | next [-] | | [deleted] | |
| ▲ | pfannkuchen 2 days ago | parent | prev [-] | | Why are you being so rude? Please don't put words in my mouth, that is nothing like what I believe. My views are something like what the average American believed in 1910. Were they literally Hitler also? | | |
| ▲ | solid_fuel a day ago | parent | next [-] | | People are being rude because you're being a dumbass. > My views are something like what the average American believed in 1910. The question of birthright citizenship was settled law for 40 years by the 1910s, so this is - unsurprisingly - a lie. | |
| ▲ | vel0city 2 days ago | parent | prev | next [-] | | 1910's America with Jim Crow segregation, pre-Womens suffrage, pretty much peak wealth inequality with robber barrons? | |
| ▲ | erxam 2 days ago | parent | prev | next [-] | | > My views are something like what the average American believed in 1910. Were they literally Hitler also? That's not really a great counterpoint considering how much inspiration Nazi Germany took from the amazing levels of racism the US had. Jim Crow, miscegenation, segregation, citizenship… The average American in 1910 wasn't a little Hitler, he was a Big Hitler. Hitler's father, even. Good try, though, eierkuchen. I can see past you and so can everyone else. | | | |
| ▲ | ceejayoz 2 days ago | parent | prev [-] | | America had a pretty decent sized fascist movement in the early 1900s. | | |
| ▲ | throwawaypath a day ago | parent | next [-] | | America had a pretty decent sized communist movement in the early 1900s. | |
| ▲ | pfannkuchen 2 days ago | parent | prev [-] | | “Average”, son. Was the average American a fascist in the early 1900s? The fascist party in the early 1900s was a fringe party. It existed and was considered a legitimate opinion, fine, but don’t act like the average American was anywhere near fascist. What in gods name would blood and soil even mean when you’ve got Italians living next to Irish living next to Poles living next to English? You haven’t got any blood to fascism about! | | |
| ▲ | ceejayoz 2 days ago | parent [-] | | > You haven’t got any blood to fascism about! Like that stops people. Hitler hardly matched his own Aryan ideal. > Was the average American a fascist in the early 1900s? … The fascist party in the early 1900s was a fringe party. That’s equally true about Germany. As the sibling comment notes, it’s the era of Jim Crow and the female half of the country can’t even vote. |
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