(Once again, this was much shorter in my head.)
The Fourteenth Amendment has been in the news a lot lately. As it turns out, for completely unrelated reasons, the Fourteenth Amendment happens to be one of my favorites. So let’s talk about it.
I’m not a lawyer. I’m not a legal scholar. I’m not a Constitutional scholar. I’m just somebody who considers himself a reasonably smart person.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.
I don’t understand why some people think that illegal immigrants are not “subject to the jurisdiction” of the United States. Even ignoring the fact that illegal immigration is a civil offense and not a criminal offense, violating a law does not mean you aren’t subject to its jurisdiction. I get on the highway and violate the speed limit, but I could not argue that I am not subject to the jurisdiction of the State Police when they give me a ticket.
The Supreme Court has recognized three specific classes of people who are not “subject to the jurisdiction” of the United States:
1. Native Americans who live on reservations, do not pay income taxes, and are citizens of their tribal nations rather than of the United States, are not subject to the jurisdiction of the United States. They (rather, their parents) had the option to accept or decline U. S. citizenship.
2. Foreign diplomats. “Diplomatic Immunity” is the very essence of not being subject to the jurisdiction of the United States.
3. Invading armies.
Illegal immigrants? Guess what — that’s already been addressed. https://en.wikipedia.org/wiki/United_States_v._Wong_Kim_Ark . His parents were illegal immigrants, he was born in the United States, and the court declared him to be a citizen. That was in 1898.
Finally, as much as I’ve tried to avoid politics in my blog, we should listen to some of the people who want the job of “preserv[ing], protect[ing] and defend[ing] the Constitution of the United States.” They seem to talk a lot about changing it. But if somebody wants to take an oath to “faithfully execute the Office of the President,” then perhaps he should read the Constitution.
There are two groups of people who can propose Constitutional amendments — Congress (two thirds of both houses) and the States (two thirds of them). Amendments take effect when they are ratified by the States (three fourths of them). I don’t see the President listed anywhere.
Finally, there is another aspect to the Fourteenth Amendment, which carries over into the Dream Act(s) in many states. Children, minors, and newborn babies do not come to the United States of their own free will. The term is “Custodial”. The same way that a person who dies in police custody is the responsibility of the police, a minor in the custody of a parent or guardian is the responsibility of that parent.
Something about the “Sins of the Father,” but I’m not a Biblical scholar either.