XPost: alt.fan.sean-hannity, talk.politics.misc, alt.abortion   
   From: blatant-communists@actblue.com   
      
   Lino Graglia of the University of Texas Law School had a law   
   review article on it a few years back:   
   The 1866 Act begins with a statement from which the Citizenship   
   Clause of the Fourteenth Amendment is derived: “[A]ll persons   
   born in the United States, and not subject to any foreign power,   
   excluding Indians not taxed, are hereby declared to be citizens   
   of the United States . . .” The phrase “and not subject to any   
   foreign power” seems clearly to exclude children of resident   
   aliens, legal as well as illegal. The Fourteenth Amendment   
   Citizenship Clause substituted the phrase “and subject to the   
   jurisdiction thereof,” but there is no indication of intent to   
   change the original meaning.   
      
   In the 39th Congress, which enacted the 1866 Civil Rights Act   
   and proposed the Fourteenth Amendment, the question arose of how   
   to avoid granting birthright citizenship to members of Indian   
   tribes living on reservations. The issue was whether an explicit   
   exclusion of Indians should be written into the Citizenship   
   Clause as it was in the above-quoted first sentence of the 1866   
   Act. It was decided that this was not necessary, because,   
   although Indians were at least partly subject to the   
   jurisdiction of the United States, they owed allegiance to their   
   tribes, not to the United States.   
      
   COMMENTS   
   Senators Lyman Trumbull of Illinois and Jacob Howard of Ohio   
   were the principal authors of the citizenship clauses in both   
   the 1866 Act and the Fourteenth Amendment. Senator Trumbull   
   stated that “subject to the jurisdiction of the United States”   
   meant subject to its “complete” jurisdiction, which means “[n]ot   
   owing allegiance to anybody else.” Senator Howard agreed that   
   “jurisdiction” meant a full and complete jurisdiction, the same   
   “in extent and quality as applies to every citizen of the United   
   States now.” Children born to Indian parents with tribal   
   allegiances were therefore necessarily excluded from birthright   
   citizenship, and explicit exclusion was unnecessary. This   
   reasoning would seem also to exclude birthright citizenship for   
   the children of legal resident aliens and, a fortiori, of   
   illegal aliens. It appears, therefore, that the Constitution,   
   far from clearly compelling the grant of birthright citizenship   
   to children of illegal aliens, is better understood as denying   
   the grant.   
      
   https://www.nationalreview.com/corner/14th-amendment-and-   
   birthright-citizenship-rich-lowry/   
            
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)