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by IG_Semmelweiss 421 days ago
This is switching the topic.

The 14th amendment discusses who is a citizen. It does not capture who is a subject to US jurisdictions, or not. That part is open to interpretation , likely because it is based in common law.

2 comments

e: You've now edited your comment to be consistent with what you originally said. Before edit, the commenter said that the jurisdiction clause meant that at least one parent needed to be at least a legal visitor to the US.

Not only is that not in the text of the 14th, it's different from your original proposal two comments ago. If you really want to do this fine-grained reading to try to support your point, you might notice that 1. the subject to the jurisdiction clause is the baby, not the parents, 2. breaking a law does not mean you are not subject to the jurisdiction of the state you reside in.

Please note that the 14th Amendment does not “discuss” who is a citizen, a better word would be “establishes” or “determines” - the “discussion” happened during the drafting and ratification processes and all of those records are available for you to read. Post ratification, the court system uses those discussions as part of their decisions on issues related to clarification of questions that arose after ratification. Those court decisions are also available for you to read.