and I don’t think we even had any immigration laws in 1869. basically it was open borders. If you could get here, you could stay here and eventually become a citizen if you wanted to. Which makes me wonder… when was the first naturalization law past? because everyone before that was a citizen pretty much just because they were here.
In case it matter I was
I was not trying to pretend any part of any sentence doesn’t exist.
I was trying to bring attention to the fact that “and subject to the jurisdiction thereof” does exist
According to one school of thought “that juristiction part is should be ignored. Just pretend that part does not exist . Anyone and everyone born here is a citizen.”
I think that the burden of proof is on them. If someone want us to ignore part of the constitutuon they must first explain why we can ignore some parts and not others.
following from MS Copilot (not terrible, but don’t bet the rent on its accuracy
“The first immigration case considered by the U.S. Supreme Court was Ozawa v. United States in 1922. The case involved Takao Ozawa, a Japanese immigrant who had lived in the United States for 20 years and applied for citizenship. The Supreme Court ruled that Ozawa was ineligible for naturalization because he was not considered “white” under the Naturalization Act of 1790”
That’s the reality of it.
Our court today ignores parts of the Constitution and adds parts wherever it sees fit.
14th amendment?
Ignore the part about “and subject to the jurisdiction thereof” pretend the only part that exists is “all persons born here.”
Interstate Commerce Clause? (Art 1 Sec 18)?*
Pretend that interstate commerce means eveything and anything anytime and anywhere outside of bedrooms and doctors offices.
“make no law respecting an establishment of religion”?
Pretend it means “must always and everywhere recognize the establishment of religions.” Treat them differently than all other assemblies. Discriminate for and against them according to the latest politcal winds.
He certainly acts like it. “Fundamentally Change America” and yes, he did as his surrogate administration did also.
But to your point, wasn’t the birther thingy settled with a birth certificate from a hospital in Hawaii?
I’m still conflicted with that “Barry Soetoro” moniker BHO went with for so many years. Who was this guy really?
Meanwhile I want th courts to enfroce the part about guns, the part about slaves and the part about “and subject to the jurisdictin thereof.”
(all of them)
But I’ll make a compromise.
If you post here a general rule for deciding when we can just ignore parts of the Constitution I’ll consider it.
Sure. If we don’t automatically call them a citizen?
Then they are not required to register for the draft and not eligible for, federal jobs, for certain handouts, (drivers licenses?) and jury duty.