Don't know how it could be clearer...14th amendment was not written to address American Indians, but disenfranchised slaves who were emancipated, this bestowed on them citizenship. If they wanted birthright citizenship, they would have left out "and, subject to the jurisdiction thereof"...and i this case, jurisdiction does not mean geography, but whether they have allegiance to America. Sen. Jacob Howard included that clause, and by it he meant that they were "not subject to any foreign power" and not "Indians not taxed." He also stated in the debates that that excludes “persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers." I think therefore that children of illegals should be excluded, don't you? And even if it is not clear, Congress has the ultimate say under Article 1 Section 8 clause 4.
|