MysticCat |
02-09-2010 05:36 PM |
Quote:
Originally Posted by PiKA2001
(Post 1894938)
I disagree, Congress has before in the past deemed who is and who isn't a citizen. Jus soli didn't just appear in the books.
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If you're referring to American Indians, that's because for a long time, they were not considered "subject to the jurisdiction of the United States." Since United States v. Wong Kim Ark, 169 U.S. 649 (1898), though, there's no doubt that if you're born here and are subject to the US law, you're a citizen.
I think anyone would have a very hard time arguing to the courts now that anyone born within the territory of the United States, with the exception of children of diplomats and the possible exception of children of illegal immigrants, is not subject to the jurisdiction of the United States. Regardless though, Congress simply doesn't have the power to add any other requirement for citizenship for those who meet the criteria of the Fourteenth Amendment, which is what Psi U MC Vito was suggesting.
To try and put it another way, there are 2 ways that one can become a US citizen:
1. By being born here and being subject to US jurisdiction. Most of us became citizens in this way. But the child of a diplomat would not because, even if he was born here, he would not be subject to US jurisdiction. If you meet both requirents (born here, subject to jurisdiction), you are a US citizen. Congress cannot impose any other requirement, like passing a test, on you, because you meet the constitutional requirements.
2. Naturalization. Anyone who doesn't fall under method one, including that diplomat's kid, can seek to become a naturalized citizen. Congress makes the rules on naturalization and can change those rules whenever it sees fit to do so.
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