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The week's question
In December 2024, in the thread "Re: BRK: Why Not XOM?", BreckHutHigh asked the members: "What about the long road trips with kids?" This week it is put to everyone again. The button below opens the small thread re-asking it - read what others have said so far, then give your own answer as an ordinary reply.
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Author: albaby1 SILVER
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Number: of 84361 
Subject: Re: "blatantly" unconstitutional
Date: 01/24/25 4:23 PM
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But what about birth tourism? What about people here illegally? Neither of those were a thing back in 1868.

But all of those people are subject to the jurisdiction of the United States. So they're all covered by the 14th Amendment. It's not legally relevant whether they have any other attribute. The 14th Amendment doesn't say that it doesn't apply to people who are here on tourist visas. Or who crossed the border illegally (or who crossed the border legally, but overstayed their visas). Or any other category of people, whether it was a thing in 1868 or not.

I'm not sure what you (or the folks pushing this theory) thinks the ambiguity is. This clause of the 14th Amendment only has one condition. It says affirmatively that it applies anyone born in the U.S. who is subject to the jurisdiction of the U.S. All of those people are subject to the jurisdiction of the U.S. So they'd all be covered.
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This community has written 84,309 posts about US Policy. The article-length ones it recommended most:
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