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et_al

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That's an interesting and probably very complicated point.

Not at all. "Jurisdiction" as used in the Fourteenth Amendment is territorial. See Plyler v. Doe Though the case is about equal protection Texas argued illegal aliens can be denied an education in public schools because they are not "subject to" the State's jurisdiction. Justice Brennan quickly found them to be persons and subject to Texas law, "jurisdiction," by their presence in the state. Citing among others Wick v. Woo stating that jurisdiction is broad and territorial. Do a word search in Plyler for "subject" to read what the Court had to say.

For similar see a short law review by now Fifth Circuit Judge James Ho. https://www.gibsondunn.com/wp-content/uploads/documents/publications/Ho-DefiningAmerican.pdf

journals.law.harvard.edu

Good work. Though your presentation lacks intellectual honesty. It omits the legal conclusion of those arguments in favor of ratification. Those arguments failed, albeit on non-merit grounds, at both trial and appellate levels.

Also, the Harvard article you cite fails to address SC precedent on Congressional deadlines for Amendment ratification. Specifically, Dillon v. Gloss, 256 U.S. 368 (1921)

Annotation
Primary Holding

It is not unconstitutional for Congress to require that a new constitutional amendment must be passed within a certain time.

Like the scholar from whom I got these ideas, I support the ERA. I just don't think it's been ratified in the Constitutional sense. https://reason.com/volokh/2025/01/17/bidens-dubious-declaration-that-the-equal-rights-amendment-has-
been-duly-ratified/

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