“合法”就是subject to the jurisdiction. 非法就是not subject to the jurisdiction.
这是啥正解？subject to the jurisdiction不是啥非法合法，而是给出exceptions。很多法条其实很简单，就是先给出general rule，然后再列出例外…法条不读完 等于白读
出生即公民，除非三类人
"Subject to the jurisdiction thereof" in the 14th Amendment essentially means that a person born within the United States is automatically a citizen, unless they fall under a specific exception, like being the child of a foreign diplomat, an enemy combatant during hostile occupation, or a member of an Indian tribe governed by tribal laws, as these individuals are not considered fully subject to U.S. jurisdiction at birth and therefore do not automatically gain citizenship by being born on American soil
Hercubic 写了： 2024年 12月 11日 00:23
这是啥正解？subject to the jurisdiction不是啥非法合法，而是给出exceptions。很多法条其实很简单，就是先给出general rule，然后再列出例外…法条不读完 等于白读
出生即公民，除非三类人
"Subject to the jurisdiction thereof" in the 14th Amendment essentially means that a person born within the United States is automatically a citizen, unless they fall under a specific exception, like being the child of a foreign diplomat, an enemy combatant during hostile occupation, or a member of an Indian tribe governed by tribal laws, as these individuals are not considered fully subject to U.S. jurisdiction at birth and therefore do not automatically gain citizenship by being born on American soil
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
现在问题的重点在于非法移民的US born child是否有公民权-我认为答案是否定的。 原因就是你说的“subject to the jurisdiction” 你说外交官是个例子Diplomates are not the subject of jurisdiction. On the same token, illegal immigrant are also foreigners, and never become a subject of jurisdiction. Legal immigrant, or legal foreigner, however pledge to obey the law of the land on their visa application, therefore, should be considered “subject of the jurisdiction” as least during their legal stay in the US.
你cite的Chinese immigrant例子和我的解读不矛盾。 eventhough Chinese were excluded from naturalization at the time, their presence here was legal, therefore subject to the jurisdiction. However, enemy occupation, such as illegal immigrant, are NOT subject to jurisdiction.
现在问题的重点在于非法移民的US born child是否有公民权-我认为答案是否定的。 原因就是你说的“subject to the jurisdiction” 你说外交官是个例子Diplomates are not the subject of jurisdiction. On the same token, illegal immigrant are also foreigners, and never become a subject of jurisdiction. Legal immigrant, or legal foreigner, however pledge to obey the law of the land on their visa application, therefore, should be considered “subject of the jurisdiction” as least during their legal stay in the US.
你cite的Chinese immigrant例子和我的解读不矛盾。 eventhough Chinese were excluded from naturalization at the time, their present here was legal, therefore subject to the jurisdiction. However, enemy occupation, such as illegal immigrant, are NOT subject to jurisdiction.
现在问题的重点在于非法移民的US born child是否有公民权-我认为答案是否定的。 原因就是你说的“subject to the jurisdiction” 你说外交官是个例子Diplomates are not the subject of jurisdiction. On the same token, illegal immigrant are also foreigners, and never become a subject of jurisdiction. Legal immigrant, or legal foreigner, however pledge to obey the law of the land on their visa application, therefore, should be considered “subject of the jurisdiction” as least during their legal stay in the US.
你cite的Chinese immigrant例子和我的解读不矛盾。 eventhough Chinese were excluded from naturalization at the time, their presence here was legal, therefore subject to the jurisdiction. However, enemy occupation, such as illegal immigrant, are NOT subject to jurisdiction.
