Res Ipsa wrote: ... Illegal immigrants are subject to the jurisdiction of the United States. Otherwise, they could never be prosecuted for federal crimes. If what Sub said were true, ICE could never arrest a person present in the U.S. illegally because they wouldn't have the jurisdiction to do so. Likewise, courts would dismiss any action to remove people here illegally because they wouldn't have any jurisdiction over them.
Er yes. Makes obvious sense, does it not?
Res Ipsa wrote:There is clear history on who is not subject to U.S. jurisdiction: foreign ambassadors. The 14th amendment's grant of citizenship does not apply to them.
Yup. There appears to be relevant jurisprudence.
Res Ipsa wrote:Third, Sub's entire argument is based on the claim that Congress can take away a right specifically granted by the Constitution. That, again, is 100% backwards. The Constitution expressly extends citizenship to all persons born here. Congress can't change that by passing a law -- any law.
Well, yes. The point of having a Constitution is, amongst other things, to limit what kinds of laws can be passed. Or am I wrong there?
Res Ipsa wrote:Now, the proposition is that Conservative Justices are going to literally change the wording of the Constitution from "All persons born" to "All persons except those born to parents not legally present in the United States..." If that actually happens, we might as well stop pretending the Constitution means anything.
More or less, yes. Of course, it may come to that.