GrumpyRabbit on Nostr: _The World Is Getting Rid of Birthright Citizenship | Ryan McMaken_ Senator Jacob ...
_The World Is Getting Rid of Birthright Citizenship | Ryan McMaken_
Senator Jacob Howard drafted the Citizenship Clause of the Fourteenth Amendment. Here's his interpretation:
"This [the proposed Amendement] will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons."
So, the text of the Citizenship Clause was intended to _EXCLUDE_ the children of "foreigners" and/or "aliens," who happened to be born on US soil, as being US citizens at birth. The only language in the text that might conceivably have any such effect is the dependent clause that requires that birthright citizenship can only be granted if the child, when born, is "subject to the jurisdiction of the United States."
That means that Senator Howard believed that neither a 'foreigner' nor an 'alien' would be "subject to the jurisdiction of the United States." _Black's Law Dictionary_ backs Senator Howard up:
"FOREIGNER. ... According to later usage, it denotes a person who is not a citizen or subject of the state or country of which mention is made, or any one owing allegiance to a foreign state or sovereign." ~ Henry Campbell Black, A Dictionary of Law, First Edition, 1891, p.506.
A 'foreigner' "owes allegiance to a foreign state or sovereign," so a 'foreigner' is also someone who is legally "under the jurisdiction" of a foreign power, regardless of where they are in the world. Allegiance is not defined by location.
In 2009, the Berkeley Journal of International Law published a comprehensive historical analysis of the words "foreigner" and "alien", as used in English and American legal writings during the late eighteenth century. Research by Anderson Berry found that the word "foreigner", when used in an international context, has a general meaning and a specific meaning. In the general sense, anyone who was born in a foreign country or is a citizen or subject of a foreign country is a "foreigner". But in the specific sense, "foreigner" is used in contradistinction to "alien".
Quote: "...the overwhelming majority of sources available to the drafters of the judicial bill [of 1789] define an 'alien' as an individual who: 1) is foreign-born, and 2) resides in a sovereign's territory other than the one where he was born. A 'foreigner' is defined as an individual who: 1) is foreign-born, or more specifically, is a foreign citizen or subject, or 2) is a foreign-born individual residing extraterritorially [outside the sovereign's territory]. (Berry, pp.337-8)" ~ "Whether Foreigner or Alien: A New Look at the Original Language of the Alien Tort Statute," Volume 27, Issue 2
An 'alien' is a person who relocates permanently to one country, while still a citizen of some other country. Presumably, aliens intend to renounce their allegiance to their country of origin and become naturalized citizens of the country of their new permanent residence. In contrast, a 'foreigner' is a temporary visitor who retains citizenship and permanent residence in their home country and intends to someday return to their home country.
The purpose of the Citizenship Clause was to ensure that the former slaves in the US would legally be US citizens. To do that, there was no need to word the Citizenship Clause so so that it would define the children of foreigners and/or of aliens as US citizens, because the slaves were not citizens of any foreign power: The only allegiance they had—if any—was to the United States.
Based on the very strenuous objections to the Citizenship Clause at the time, had the text of the Amendment failed to exclude the children of foreigners and aliens from being declared US citizens, the Amendment would not have been ratified.
Bottom line: To enter a country without official permission, when the laws of that country define such an act as a crime, is an explicit rejection of that country's "jurisdiction."
https://www.youtube.com/watch?v=oxtctzKoABs
Senator Jacob Howard drafted the Citizenship Clause of the Fourteenth Amendment. Here's his interpretation:
"This [the proposed Amendement] will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons."
So, the text of the Citizenship Clause was intended to _EXCLUDE_ the children of "foreigners" and/or "aliens," who happened to be born on US soil, as being US citizens at birth. The only language in the text that might conceivably have any such effect is the dependent clause that requires that birthright citizenship can only be granted if the child, when born, is "subject to the jurisdiction of the United States."
That means that Senator Howard believed that neither a 'foreigner' nor an 'alien' would be "subject to the jurisdiction of the United States." _Black's Law Dictionary_ backs Senator Howard up:
"FOREIGNER. ... According to later usage, it denotes a person who is not a citizen or subject of the state or country of which mention is made, or any one owing allegiance to a foreign state or sovereign." ~ Henry Campbell Black, A Dictionary of Law, First Edition, 1891, p.506.
A 'foreigner' "owes allegiance to a foreign state or sovereign," so a 'foreigner' is also someone who is legally "under the jurisdiction" of a foreign power, regardless of where they are in the world. Allegiance is not defined by location.
In 2009, the Berkeley Journal of International Law published a comprehensive historical analysis of the words "foreigner" and "alien", as used in English and American legal writings during the late eighteenth century. Research by Anderson Berry found that the word "foreigner", when used in an international context, has a general meaning and a specific meaning. In the general sense, anyone who was born in a foreign country or is a citizen or subject of a foreign country is a "foreigner". But in the specific sense, "foreigner" is used in contradistinction to "alien".
Quote: "...the overwhelming majority of sources available to the drafters of the judicial bill [of 1789] define an 'alien' as an individual who: 1) is foreign-born, and 2) resides in a sovereign's territory other than the one where he was born. A 'foreigner' is defined as an individual who: 1) is foreign-born, or more specifically, is a foreign citizen or subject, or 2) is a foreign-born individual residing extraterritorially [outside the sovereign's territory]. (Berry, pp.337-8)" ~ "Whether Foreigner or Alien: A New Look at the Original Language of the Alien Tort Statute," Volume 27, Issue 2
An 'alien' is a person who relocates permanently to one country, while still a citizen of some other country. Presumably, aliens intend to renounce their allegiance to their country of origin and become naturalized citizens of the country of their new permanent residence. In contrast, a 'foreigner' is a temporary visitor who retains citizenship and permanent residence in their home country and intends to someday return to their home country.
The purpose of the Citizenship Clause was to ensure that the former slaves in the US would legally be US citizens. To do that, there was no need to word the Citizenship Clause so so that it would define the children of foreigners and/or of aliens as US citizens, because the slaves were not citizens of any foreign power: The only allegiance they had—if any—was to the United States.
Based on the very strenuous objections to the Citizenship Clause at the time, had the text of the Amendment failed to exclude the children of foreigners and aliens from being declared US citizens, the Amendment would not have been ratified.
Bottom line: To enter a country without official permission, when the laws of that country define such an act as a crime, is an explicit rejection of that country's "jurisdiction."
https://www.youtube.com/watch?v=oxtctzKoABs