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The author of the Citizenship Clause in the constitution explicitly said it does not apply to "foreigners, aliens or families of foreign officials"
Senator Jacob Howard (R-MI) said in 1866:
‘This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers… but will include every other class of persons. "
"Subject to the jurisdiction thereof"
Meaning: No automatic citizenship for children of foreigners or aliens.
As the Supreme Court is set to hear oral arguments on Birthright citizenship (a hearing President Donald Trump said he would attend) the original author of the citizenship clause, clarified what he meant in a historical record.
Democrats' claim that the child of any illegal migrant - who has a baby in the United States - is automatically a citizen.
However, Senator Howard - the amendment's author - during a Senate debate on May 30, 1866 said something different.
"This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States."
Jurisdiction means "not owing allegiance to anybody else or any other country"
"This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons."
Howard explicitly tied citizenship to full subjection to U.S. jurisdiction, which doesn't mean just being physically on American soil.
The Citizenship amendment was deliberately limited by the phrase "subject to the jurisdiction thereof," according to the primary congressional records.
The "jurisdiction" verbiage was similar to the Civil Rights Act of 1866, which limited citizenship to those "not subject to any foreign power"
Howard also said that tribal members were "quasi foreign nations" not subject to full U.S. jurisdiction.
Conservatives point to this clarification by the author of the 14th amendment as proof that it was never intended as an open-door policy for global birth tourism or anchor babies.
The clause was ratified in 1868 after the civil war, to make sure that freed slaves had rights.
At the time, the U.S. had no comprehensive immigration restrictions like today.
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