subject to the jurisdiction thereof
- subject to the jurisdiction thereof
-
A phrase made familiar by inclusion in the Fourteenth Amendment.
As these words are used in the first section of the Fourteenth Amendment of the Federal Constitution, providing for the citizenship of all persons born or naturalized in the United States and subject to the jurisdiction thereof, the purpose would appear to have been to exclude by the fewest words (besides children of members of the Indian tribes, standing in a peculiar relation to the National Government, unknown to the common law), the two classes of cases, children born of alien enemies, in hostile occupation, and children of diplomatic representatives of a foreign state,-both of which, by the law of England and by our own law, from the time of the first settlement of the English colonies in America, had been recognized exceptions to the fundamental rule of citizenship by birth within the country. United States v Wong Kim Ark, 169 US 649, 682, 42 L Ed 890, 902, 18 S Ct 456.
Ballentine's law dictionary.
Anderson, W.S..
1998.
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