“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”.

That is, of course, a portion of the 14th amendment and being scrutinized and indeed, under review by the supreme court. Now all the legal scholars are weighing in citing case after case, precedents and all that legal stuff. The court has historically said this or that about what the intent and actual meaning of those words are. It has to be remembered that the court only issues its’ opinion on such matters. The court does not establish the law, that is the function of congress.

I hear the argument that everyone born on American soil is guaranteed citizenship. I don’t see where it says that at all. It does say those subject to the jurisdiction of the United States. The thing is, what does under the jurisdiction mean? It means, those subject to the legal decisions and judgement of the government. The government gets to decide who is a citizen and who is not! That’s what that means. You do have to remember when it was written and for what purpose. The 14th amendment is one of the “reconstruction” amendments.

Anyone that crosses our border whether legally or not, is subject to the jurisdiction of the United States. In fact, anyone crossing the border of any nation in the world is subject to the jurisdiction of that country, the granting of citizenship is always decided by that government. It’s true that some nations grant birthright citizenship, like the United States and others do not. Birthright citizenship is very rare in Europe, Asia and the Middle East. It is only in the Americas that it is common.

Why would it be common in the Americas? Well, the reason was to encourage immigration and increase the population. Just who was being enticed to come to the Americas? It was called colonization. A method to expand the area of “jurisdiction” especially those European nations. Even when you were born on foreign soil you were still a subject to the king or a citizen of that nation exercising jurisdiction over the area. Those nations weren’t counting on any rebellions like the American revolution to upset their plan. They just didn’t think anyone would want to separate from their mother country!

But they did. America fought for and gained independence from the King. Yes, that was when we wrote it in stone, no kings in America. George Washington himself insisted upon that, even though he was offered kingship! America gained her independence. That was 1776, we had another dust up with the British in 1812 and that was settled in 1814. A civil war followed that, the big concern being what?

The spread of slavery played a very large portion in that. That was settled in 1865 and the reconstruction amendments followed. The 14th amendment being one of them. All of those formerly enslaved individuals being under the jurisdiction of the United States were granted citizenship by birthright, in fact, all formerly enslaved individuals were granted citizenship. Remember in the majority of European nations citizenship is granted by “jus sanguinis” which is Latin for right of blood. Your parents must be citizens in the place of your birth for you to be granted citizenship.

Now it’s easy to see that would have been a bit of a problem here in America after the civil war. There were still many formerly enslaved individuals that hadn’t been born on this soil but were certainly under the jurisdiction thereof. The 14th amendment granted those folks citizenship. The 14th amendment didn’t grant citizenship to just anyone born in America. The 14th amendment does allow the government to decide upon that because, they are under our jurisdiction. It’s like going to court, you aren’t guaranteed to win your case, just the ability to present your case.

And so that is my opinion, as valid as any legal scholars. In my opinion being under the jurisdiction thereof means just that. You are subject to legal decisions and judgement. If you are in my country, whether legally or not, you are still subject to my jurisdiction. That means I get to decide on whether you get to stay, are granted citizenship or not, and the disposition of any children you have regardless of where those children were born. In my opinion the 14th amendment is not a loophole for you to establish residence in my country. That isn’t what the intent was.

Under the jurisdiction thereof The government gets to decide, to issue a judgement. No guarantee it will go the way you want it to.