Article XXV, Section 1992 of the 1877 Revised Statutes LOCATED HERE: http://tinyurl.com/ceh3k7u was enacted 9 years after the 14th amendment and defines "who are citizens". It clearly says "All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States".
Can someone tell me what it means to be "subject to a foreign power" and what are some examples of how a child born here, would be subject to a foreign power?
If someone is a British subject by descent through British law, are they "subject to a foreign power"?
Personal Injury Lawyer
Here's a quote from an Assistant US Attorney General, Walter Dellinger, in testimony before members of Congress, which you might find helpful:
"The phrase "subject to the jurisdiction thereof" was meant to reflect the existing common law exception for discrete sets of persons who were deemed subject to a foreign sovereign and immune from U.S. laws, principally children born in the United States of foreign diplomats, with the single additional exception of children of members of Indian tribes. Apart from these extremely limited exceptions, there can be no question that children born in the United States of aliens are subject to the full jurisdiction of the United States. And, as consistently recognized by courts and Attorneys General for over a century, most notably by the Supreme Court in United States v. Wong Kim Ark, (6) there is no question that they possess constitutional citizenship under the Fourteenth Amendment."
Here's the link: http://www.justice.gov/olc/deny.tes.31.htm
'Subject to a foreign power'- a naturalized US citizen may renounce citizenship and take up the citizenship of another country. Hence a person who was born a US citizen may be subject to the foreign power.
Whether someone is a '[British] subject' is also subject to a foreign power is a matter to take up a Queen's Counsel.
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