#26 | POSTED BY SENTINEL
To be clear this EO is a clear violation of the Constitution, hence my response.
#24 | POSTED BY BELLRINGER A
No its not, read the history of the 14th amendment, and relate that to the current SC.
Its possible you don't understand the argument, do you actually imagine Trump just signed it thinking "NAH no one will contest it"?
The issue is the meaning of the phrase "subject to the jurisdiction thereof", now some people believe its "jus soli".
Reading back on the reason for the act, and its purpose, it was to allow Black slaves to become citizens, and also keep non-citizens from becoming citizens. Remember America is a racist country.
So in the case of lets say an India parent have a child on US. The phrase "subject to the jurisdiction thereof" would imply that the child was not subject to ANY other jurisdiction. Well it would appear that the child is under India's jurisdiction due to the laws "Indian Citizenship".
According to the Indian Citizenship Act of 1956 (as amended in 1992 and recently in 2004) (hereinafter the "Indian Citizenship Act"), a person born outside India on or after December 10, 1992 shall be a citizen of India by descent if either of his/her parents is a citizen of India at the time of his/her birth.
Ergo the child is an Indian citizen and not a US citizen because the child isn't "subject to the "complete" jurisdiction thereof"