08-19-2015, 02:17 PM
https://www.yahoo.com/politics/donald-trump-says-14th-amendment-is-127077752761.html
I'm not going to use the "Trump says 14th amendment is unconstitutional" title that many news outlets have. I didn't actually see him say that.
Trump challenged whether or not the 14th amendment gives citizenship to the children of illegal aliens in the United States while being interviewed by O'Reilly.
There's a camp who says that "and subject to the jurisdiction thereof" means that the parents have to be subject to US laws and not foreign citizens. Conventional understanding is that "subject to the jurisdiction thereof" would apply to illegal immigrants as they are still subject to US laws when they come here. It would not apply to the children born to diplomats as they are not subject to our laws in the same sense.
Trump thinks his interpretation will be upheld in court. Very interesting.
I'm not going to use the "Trump says 14th amendment is unconstitutional" title that many news outlets have. I didn't actually see him say that.
Trump challenged whether or not the 14th amendment gives citizenship to the children of illegal aliens in the United States while being interviewed by O'Reilly.
Quote: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
There's a camp who says that "and subject to the jurisdiction thereof" means that the parents have to be subject to US laws and not foreign citizens. Conventional understanding is that "subject to the jurisdiction thereof" would apply to illegal immigrants as they are still subject to US laws when they come here. It would not apply to the children born to diplomats as they are not subject to our laws in the same sense.
Trump thinks his interpretation will be upheld in court. Very interesting.
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