Talk:Fourteenth Amendment to the United States Constitution

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Subject to the Jurisdiction thereof, excludes aliens!![edit]

Jacob Howard argued for including the phrase and subject to the jurisdiction thereof.

This phrase is in the fourteenth amendment and excludes aliens !!

This should be included in the Wikipedia article here, as it already is here:

https://en.wikipedia.org/wiki/Jacob_M._Howard — Preceding unsigned comment added by 173.65.234.214 (talk)

  • First, the phrase is not in the Fourteenth Amendment in the manner that you are claiming. It goes to who is a citizen, not who has rights. Nothing excludes aliens. GregJackP Boomer! 03:38, 24 July 2015 (UTC)

14th Amendment to the U.S. Constitution: 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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

In the year 1873 the United States Attorney General ruled the word “jurisdiction” under the Fourteenth Amendment to mean, which Justice Gray would recognize in Elk v.Wilkins years later:

The word “jurisdiction” must be understood to mean absolute and complete jurisdiction, such as the United States had over its citizens before the adoption of this amendment… Aliens, among whom are persons born here and naturalized abroad, dwelling or being in this country, are subject to the jurisdiction of the United States only to a limited extent. Political and military rights and duties do not pertain to them. (14 Op. Atty-Gen. 300.)

House Report No. 784, dated June 22, 1874, stated, “The United States have not recognized a double allegiance. By our law a citizen is bound to be ‘true and faithful’ alone to our government.” There is no way in the world anyone can claim “subject to the jurisdiction thereof” affirms the feudal common law doctrine of birth citizenship to aliens because such doctrine by operation creates a “double allegiance” between separate nations. By requiring potential citizens to first be subject to the complete jurisdiction of the United States they by default excluded all citizens of other nations temporarily residing in the U.S. who had no intention of becoming citizens themselves or, disqualified of doing so under naturalization laws. This was no oversight because it was too simple to declare the common law rule of jus soli if indeed that was truly the desired goal by these very competent lawyers (both senator Howard and Senator Trumbull, authors of the 14th Amendment, were lawyers). — Preceding unsigned comment added by 2602:306:3766:A740:5D93:88A7:7E17:624F (talk) 19:52, 1 September 2015 (UTC)

The Privileges or Immunities Clause[edit]

The Lead states; The Privileges or Immunities Clause has been interpreted in such a way that it does very little. What does that mean? Is this a sentence that should have been discarded by some previous edit? It seems out-of-place and dubious. Comments? Buster Seven Talk 15:58, 11 January 2016 (UTC)

It's a reference to the Slaughter-House Cases that basically gutted the P or I Clause. SMP0328. (talk) 20:18, 11 January 2016 (UTC)

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