Thursday, January 30, 2025

Fourteenth Amendment ...


Fourteenth Amendment to the United States Constitution
https://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution


The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War.


Text of the Citizenship Clause:

Constitution of the United States: Fourteenth Amendment
https://constitution.congress.gov/constitution/amendment-14/


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.


A certain lawyer just said that "subject to the jurisdiction thereof" means subject to the FULL jurisdiction of it. As opposed to some legal limbo, presumably.

Given the year, as originalist, one would arguably rather say "subject to the jurisdiction thereof" as opposed to that of Liberia. Or that of the homecountry of the parents, if one was born during a visit and they moved back home.

If I had stayed in Austria from my birth to my eighteenth birthday, I would arguably have had, not automatic Austrian citizenship, but at least an eligibility for application, and this kind of rule was modelled on the Fourteenth Amendment. Another part of it, clearly related, is, one is a citizen of the state in which one resides. Presumably, if you move from Texas to Oklahoma, as an US Citizen, you cease to be a Texan and become an Oklahoman, with presumably some delay for paperwork.

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.


In other words, admit personhood of the unborn, and you are legally obliged to a total ban of abortion./HGL

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