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this post was submitted on 08 Dec 2024
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From opening arguments podcast they said that was intended if say Mexico or Canada invaded, the soldiers bring their wives who give birth, then those kids are not subject to the jurisdiction of the US and not to be granted citizenship.
Of course lawyers can twist anything and scotus is rigged, so expect that.
Fun fact (or rather, a not-so-fun fact)
Native Americans living in reservations used to be considered not "subject to the jurisdiction thereof" so they weren't given US citizenship, even thought their ancestors have been here before the first colonists. If that bullshit can happen, nothing is stopping this biased af supreme court to say that undocumented immigrants are not "subject to the jurisdiction thereof"
Also, conservative justices often cited this idea of "Original Intent". So they could argue that the original intent of the people who wrote the admendment was give only legal immigrants and their children the birthright citizenship, not people who sneaked in.
Theres so many loopholes they can exploit. They are the final say on what the constitution means, after all.