Message from @DrYuriMom
Discord ID: 508801152020774913
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. -14th Amendement
Clearly this does not mean subject to laws or paying taxes alone. If that were the case every foreign resident and visitor would be a citizen.
When the 14th was written it was clarified shortly after by a senator who said "Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country."
Bears and mountain lions are not human and therefore not relevant. The 14th Amendment clear relates to persons and therefore the company comment is not relevant.
During the debates the topic of a "Chinaman" was discussed and it was stated that YES, children born to such people would be citizens
That was later part of the 1898 Supreme Court case
In 1884 the supreme court ruled that newly born indians were not covered under the 14th amendment because their parents were not American citizens. This caused congress to pass the Citizen Act in 1924 (amazing speed i know) and formally provide all tribal members/descendants.
Again, someone who was as foreign and unwanted as you get at the time was considered covered by the 14th
The Indian case was based on an argument that by treaty the Indian nations were sovereign
Because they really had no ability to operate as real nations that was a ridiculous argument and was resolved in 1924 as you say
The government granted foreigners the same equality protection that the 14th provides. However it does not consider them citizens in the common use of the word.
The children born under the 14th are considered citizens by the 14th as validated by the Supreme Court in 1898 and then supported by precedent ever since.
And, honestly, by the debate in the Congress at the time when some tried to use prejudice against Chinese laborers against the amendment, especially in California
Right and his parents had legally entered the country
If they want to grant it to the children of legal residents and entrants that will be ok
Visa overstays and vacation births are another issue to be addressed and it is far easier to argue that they should have citizen children than those who enter illegally
The ruling of 1898 doesnt apply when discussing illegal immigrants. The citizenship of their children has been granted following a broad interpretation of the 14th amendment.
Cat, I think we talked about this before. It turns out, the 14th amendment did not give the children of Native Americans citizenship.
There was even a court ruling that the child of Native Americans had allegiance to their tribe, not the USA.
It does seem that, given the intent of the 14th amendment and those who penned it, giving the children of illegal immigrants citizenship is an abuse of the law.
My understanding is that indians were denied citizenship under the 14th because they were born on sovereign soil and therefore not within the US. I could be wrong but that is what I took from those late 1800 decisions.
The treaties said the reservations we're sovereign. That was never given much more than lip service since they couldn't form militaries or have foreign policy.
By the early 20th century the idea of sovereign native tribes was fully ditched and they became taxable and fully subject to US law
In the 1800s the native tribes were *in theory* not subject to US jurisdiction. It was a farce that was finally ended in the early 1900s.
And we have the direct word from the orchestrator and writer of the amendment that it was not meant to apply to foreign nationals.
I can try and find a direct quote, if you'd like.
I've read quotes and it tells me the opposite
Are there any potential solutions to the reservation-system out there. I mean if the majority of the tribes in the US live in extreme poverty maybe the system isn't working.
Hence why we have 150 years of case law all the way to the Supreme Court
Giving them shitty land and throwing money at them doesn't fix their situation.
Part of the problem is that the Federal government supposedly makes resource decisions in thier interest but plenty of evidence proves thier resources are granted to corporations for next to nothing
There are plenty of lawsuits about that
There's also tons of cronyism and mismanagement within the tribes
My gut solution would be to turn the reservations into states with their own constitutions but function in a way at least similar to a regular state.
Reservations are ruled by tribes and they have greater autonomy in many regards than a state.
Tribes are under the authority of the Federal govt but not any state. They have constitutions.
The issue is that most tribes signed away thier resource rights to the Federal govt in thier treaties with the understanding that the Feds would manage them "in the tribe's interests"
What could possibly go wrong with that? /s
Ah, here we are.
I think I am starting to understand. In such a scenario the best case the resources are managed by the feds and the wealth given to the tribe, but even in such a case you are creating a dependency on the federal government and you keep the tribe trapped in such a state.
Yup
Senator Jacob Howard, a drafter of the 14th amendment: "This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons."