Kris Kobach the Secretary of State-Elect of Kansas was on the O’Reilly Factor Wednesday night discussing the fight states are engaged in with the federal government over the misinterpretation of the 14th Amendment wrongly bestowing US citizenship to children born of illegal aliens.
The usual one-sided discussion was centered around the phrase “..and subject to the jurisdiction thereof,”. Bill’s false interpretation centered around the fact since that US law enforcement has “jurisdiction” over anyone (except those with diplomatic immunity), anyone within the borders of the USA are under the full jurisdiction as used in the Constitution. (I don’t know why O’Reilly even bothers to have any guests on his show since he knows everything about everything. /sarcasm)
A sojourner of any nation, legal or not, are not “under the jurisdiction” of that nation, completely. A tourist can not be drafted into that nation’s military, vote in their elections nor are they subject to taxes, i.e. estate taxes, if they die within the USA’s borders. They are however subject to criminal juristiction and can be deported, whereas a citizen of the USA can not lose their citizenship, except in certain cases such as a conviction for treason.
This is also important in the battle to expose the Usurper-in-Chief that currently occupies the White House. Barrack Hussein Obama Sr. was never “under the jurisdiction” of the united States of America. He remained a British subject and was under the jurisdiction of British law thus conveying that jurisdiction to his son.
Opening up this debate will have the serendipitous effect of removing the wrongfully applied 14th Amendment from the debate of natural born citizenship.