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this post was submitted on 08 Dec 2024
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They are going to claim that if their patents are here illegally they aren't 'subject to the jurisdiction thereof'. No matter how stupid that idea is their supreme court may let it go anyway. They already shit all over other parts of the 14th.
Birthright. If you are born here, you are a citizen. That's what they are talkin1g about.
There's no confusion over the subject, just an expectation that the current SCOTUS could play the "Constitution doesn't apply if the mother had no legal standing to actually be in the US" argument. That technically that hasn't been established, and that there's an implicit expectation that people giving birth in the US are legally recognized to be in the US, and all bets are off if the mother isn't legally allowed in the US but gives birth in the US anyway. To the extent they seek being explicit about legal standing, they may point to the "and subject to the jurisdiction thereof" words as stating an illegal presence means that they are not subject to the jurisdiction of the US or the state.