And how about treason? And can you draft them? Can they vote?
FACT FOCUS: Trump claims the US is the only country with birthright citizenship. It’s not
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T. A. Gardner
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They are also ineligible for legal employment.
American Indians were subject to being prosecuted for murder theft and other laws when they weren't on the reservation or when the victim was an American.
If you passed a law regarding treason or drafting them, you absolutely could do so, if you passed a law allowing them to vote they could.
All because they are subject to the jurisdiction of the US. Illegals, green card holders, those with temp visas…. All subject to jurisdiction of the US if in the US. You must be an idiot who has no idea what jurisdiction means if you believe otherwise.
He doesn't know the law. Jarod is a terrible lawyer.
T. A. Gardner
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Even today, when on the rez they are subject to tribal courts and law first, federal law second.
Which proves they are subject to our jurisdiction. If you can make something illegal for them to do, they by definition are subject to our jurisdiction.
T. A. Gardner
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That only means he's as good as 99% of lawyers are.
T. A. Gardner
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That doesn't mean they fall under the 14th Amendment however.
True, still subject to the jurisdiction
And if you passed a law granting them citizenship through naturalization you could absolutely do it. And if wishes were horses we would all ride too.
Green card holders are a different class that have been granted jurisdiction like Ark was.
Fortunately the SCOTUS has already define what the term "and subject to the jurisdiction thereof" means in Elk V Wilkins
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."
The SCOTUS
1884
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T. A. Gardner
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Only because of additional law amplifying the 14th Amendment. The Supreme Court could easily do the exact same thing with illegals and tourists making their giving birth in the US not eligible for citizenship.
Sure, because the 14th defines Citizenship by one being subject to the jurisdiction of the US.
If one is within the borders and subject to the jurisdiction, they are citizens!
Jurisdiction is not granted to people, it is held by governments. A green card does not grant jurisdiction to anyone!
Yes.
Already answered. But being able to vote has 0 to do with jurisdiction.
They can, but it would very clearly be a violation of the 14th.
You could, if the law defined treason differently
And why didn't they have citizenship until the Snyder Act of 1924.
1) that is not true.
2)Because the Supreme Court was made up of bigots who did not follow the clear meaning.