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The J.J. Carrell Show EP34: The 14th Amendment of the Constitution.
The 14th Amendment’s Citizenship Clause is explicit and conjunctive: “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.” Birth on U.S. soil (“born in the United States”) is not enough; the person must also be “subject to the jurisdiction thereof” at birth. This second requirement excludes children of foreign diplomats, enemy occupants, and (per original congressional debate and Howard’s 1866 explanation) children born to alien parents who owe permanent allegiance to a foreign sovereign and are not fully subject to U.S. law. The clause was never intended to grant automatic citizenship to children of illegal immigrants, transient visitors, or any alien whose presence owes no complete allegiance to the United States; the “and” is deliberate, the jurisdiction requirement is real, and birthright citizenship absent full jurisdiction remains constitutionally unsupported.
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