SCOTUS fails the test of rule of law

[Halo]

The debate in the Senate in 1866 makes the original intent of the text explicitly clear. Senator Jacob Howard of Michigan, the author who introduced the Citizenship Clause to the Senate floor, stated definitively that the phrase:

“...is a virtue of natural law and national law. It means a person born in the United States, and not at the time of his birth subject to any foreign power... It is not intended to include an alien who belongs to the laws of some other government.”

Furthermore, during these fundamental debates, Senator Edgar Cowan of Pennsylvania explicitly raised the alarm regarding potential over-expansion and abuse of the clause. He asked if the amendment would grant citizenship to the children of temporary or non-assimilated populations, noting that it was dangerous to force a state to inherit citizens who owe their ultimate fidelity elsewhere. In response, Senator Lyman Trumbull of Illinois, the powerful chairman of the Senate Judiciary Committee who co-authored the Civil Rights Act of 1866, clarified the exact meaning of "subject to the jurisdiction" by stating:

“What do we mean by 'subject to the jurisdiction of the United States'? Not a partial or a limited jurisdiction... It means full and complete jurisdiction. What do we mean by that? We mean the child born to parents who are not the subjects of any foreign power.”

This historical record establishes that "jurisdiction" was designed as a measure of exclusive political allegiance, not simple amenability to local police power.

 

[as seen on tv]

The debate in the Senate in 1866 makes the original intent of the text explicitly clear. Senator Jacob Howard of Michigan, the author who introduced the Citizenship Clause to the Senate floor, stated definitively that the phrase:


Furthermore, during these fundamental debates, Senator Edgar Cowan of Pennsylvania explicitly raised the alarm regarding potential over-expansion and abuse of the clause. He asked if the amendment would grant citizenship to the children of temporary or non-assimilated populations, noting that it was dangerous to force a state to inherit citizens who owe their ultimate fidelity elsewhere. In response, Senator Lyman Trumbull of Illinois, the powerful chairman of the Senate Judiciary Committee who co-authored the Civil Rights Act of 1866, clarified the exact meaning of "subject to the jurisdiction" by stating:


This historical record establishes that "jurisdiction" was designed as a measure of exclusive political allegiance, not simple amenability to local police power.

i think this is still vague. "born in the USA and not subject to a foreign power" covers what? children of diplomats in the USA? children of illegal aliens who are regarded as citizens of their parents home nations? apparently this clause didn't cover native americans or slaves?

 

[Halo]

I listened to the

i think this is still vague. "born in the USA and not subject to a foreign power" covers what? children of diplomats in the USA? children of illegal aliens who are regarded as citizens of their parents home nations? apparently this clause didn't cover native americans or slaves?

I don't see how you can say its vague. Those quotes of the authors make the point of the law explicitly when it comes to "subject to the jurisdiction on"

When Indians and Puerto Ricans were made citizens by legislative act, long after the 14th Amendment by the way, we see that congress could remedy anything following correction back to the rule of law.