This is what I meant by "total stretch." The fuck is wrong with you TDS Tards?
Oh, and the Injun shit was fixed.
.. Yeah, in 1924, but the birthright clause of the 14th was in 1868 and unaltered and never tried although some point to Wong though that was actually about the Chinese Exclusion Act.
Here is what Senator Trumbull (author of the clause along with Senator Howard, co-author) had to say.
"This amendment which I have offered, is simply declaratory of what I regard as the law of the land already, that 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." Senator Trumbull (co-author) Senator Howard (co-author) concurring.
PS: and even that people manage to misconscrew.
PPS: Look - even AI gets most of this right, Reggie. You can too.
Yes,
jus soli (birthright citizenship based on place of birth) is historically and fundamentally linked to monarchy, originating from the English common law principle of "subjecthood" under a monarch.
SCOTUSblog +1
Here is how jus soli is connected to monarchy:
- Origins in Feudalism/Monarchy: The concept originated in 17th-century England (notably in Calvin's Case in 1608). It established that anyone born within the King’s "power, protection, or obedience" was a natural-born subject of the King, regardless of their parents' origin.
- "Right of the Soil": It was the "law of the land" in the British Empire, where loyalty was owed to the sovereign, not a nation-state or constitution.
- Colonial Transfer: The United States inherited this common-law rule from Great Britain. Even after the American Revolution, the U.S. adopted this principle of being born within the "jurisdiction" of the new country, eventually formalizing it in the 14th Amendment.
- Legacy vs. Modern Usage: While rooted in monarchy, unconditional jus soli today is most commonly found in the Americas (Canada, U.S., Latin America) as a legacy of colonial-era nation-building meant to encourage immigration, rather than for the sustenance of a royal power.
American Immigration Council +6
In summary, jus soli was a feudal concept designed to identify subjects of a king based on where they were born, which has since been adapted into modern republican citizenship laws.
