American Indians always were citizens under the 14th Amendment depending on how the "jurisdiction" phrase was interpreted.
"BIRTHRIGHT CITIZENSHIP - IT'S "ALL OVER RED ROVER" SCOTUS WILL RULE IN FAVOUR OF TRUMP
- Thread starter Dachshund
- Start date
So are you saying we should just ignore the SCOTUS?
The SCOTUS said it was interpreted to mean who they owed allegiance to at birth. So no, according to the SCOTUS they weren't always citizens hence the need for the Snyder act.
Bingham who wrote the 14th amendment and remained politically active never said the Snyder act was not needed because of the 14th Amendment and he did not say anything about the Elk case.
There is only one way it should be interpreted. The SCOTUS studied the 14th and decided what the correct interpretation meant and they said:
The law upon the question before us has been well stated by Judge Deady in the District Court of the United States for the District of Oregon. In giving judgment against the plaintiff in a case resembling the case at bar, he said:
"Being born a member of 'an independent political community' -- the Chinook -- he was not born subject to the jurisdiction of the United States -- not born in its allegiance."