In Citizenship? Part I, Fuscaldo begins to discuss the 14th amendment.
We continue his essay with executive law, congressional acts, and some historic background.
by James Fuscaldo (continued)
Executive / Administrative Policy on Birthright Citizenship
Advocates for granting automatic citizenship to children born to illegal aliens or temporary nonresident aliens (guest workers) living in the United States always focus on the first requirement of birth.They allege birth on United States soil alone guarantees United States citizenship. These advocates also argue that the phrase “subject to the jurisdiction” simply means being susceptible to police authority (i.e. being required to follow American laws, pay fines for violations and be subject to the police powers of the Federal and State Courts). This interpretation creates a redundancy in the Fourteenth Amendment.
All people born in the United States are subject to the laws of the United States. Accepting the argument that the phrase, “subject to the jurisdiction thereof”, simply means subject to police power turns a critical and carefully written Citizenship Clause of the Constitution into a redundancy. It also gives the Clause an interpretation that is contrary to the recorded Congressional debate before its adoption, and to the principles of legislative construction and interpretation.