Birth Right Citizenship Will It Finally End?

Jarod said:
The court's majority held that the subject to the jurisdiction phrase in the Citizenship Clause excluded from U.S. citizenship only those persons covered by one of these three exceptions (plus a fourth "single additional exception"—namely, that Indian tribes "not taxed" were not considered subject to U.S. jurisdiction).

"The foregoing considerations and authorities irresistibly lead us to these conclusions: the Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes." - Wong Kim Ark, 169 U.S. at 693.
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1885 "The Major Crimes Act (U.S. Statutes at Large, 23:385) is a law passed by the United States Congress in 1885 as the final section of the Indian Appropriations Act of that year. The law places certain crimes under federal jurisdiction if they are committed by a Native American in Native territory. The law follows the 1817 General Crimes Act, which extended federal jurisdiction to crimes committed in Native territory but did not cover crimes committed by Native Americans against Native Americans. The Major Crimes Act therefore broadened federal jurisdiction in Native territory by extending it to some crimes committed by Native Americans against Native Americans. "

en.wikipedia.org

Major Crimes Act - Wikipedia

en.wikipedia.org en.wikipedia.org
 
Bigdog said:
1885 "The Major Crimes Act (U.S. Statutes at Large, 23:385) is a law passed by the United States Congress in 1885 as the final section of the Indian Appropriations Act of that year. The law places certain crimes under federal jurisdiction if they are committed by a Native American in Native territory. The law follows the 1817 General Crimes Act, which extended federal jurisdiction to crimes committed in Native territory but did not cover crimes committed by Native Americans against Native Americans. The Major Crimes Act therefore broadened federal jurisdiction in Native territory by extending it to some crimes committed by Native Americans against Native Americans. "

en.wikipedia.org

Major Crimes Act - Wikipedia

en.wikipedia.org en.wikipedia.org
Click to expand...

Poor Brad. He barely passed the Bar, you know.
 
Bigdog said:
1885 "The Major Crimes Act (U.S. Statutes at Large, 23:385) is a law passed by the United States Congress in 1885 as the final section of the Indian Appropriations Act of that year. The law places certain crimes under federal jurisdiction if they are committed by a Native American in Native territory. The law follows the 1817 General Crimes Act, which extended federal jurisdiction to crimes committed in Native territory but did not cover crimes committed by Native Americans against Native Americans. The Major Crimes Act therefore broadened federal jurisdiction in Native territory by extending it to some crimes committed by Native Americans against Native Americans. "

en.wikipedia.org

Major Crimes Act - Wikipedia

en.wikipedia.org en.wikipedia.org
Click to expand...
The Major Crimes Act therefore broadened federal jurisdiction in Native territory by extending it to some crimes committed by Native Americans against Native Americans.

This shows that at the time of the 14th amendment Native Americans were NOT subject to federal jurisdiction and completely undercuts the current argument that foreigners are not subject to the jurisdiction of the US like Indians at the time of the 14th. But even the act of 1885 didn't make Native Americans completely subject to the jurisdiction of federal laws since they were only subject to SOME laws.
 
Bigdog said:
1885 "The Major Crimes Act (U.S. Statutes at Large, 23:385) is a law passed by the United States Congress in 1885 as the final section of the Indian Appropriations Act of that year. The law places certain crimes under federal jurisdiction if they are committed by a Native American in Native territory. The law follows the 1817 General Crimes Act, which extended federal jurisdiction to crimes committed in Native territory but did not cover crimes committed by Native Americans against Native Americans. The Major Crimes Act therefore broadened federal jurisdiction in Native territory by extending it to some crimes committed by Native Americans against Native Americans. "

en.wikipedia.org

Major Crimes Act - Wikipedia

en.wikipedia.org en.wikipedia.org
Click to expand...
Yes, that is what ended the practice of not giving Native Americans birth right citizenship.
 
FastLane said:
Jarod why didn't American Indians have citizenship prior to 1924 even if they were born off the reservation.
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Is that true? If so, I have no idea, sometimes it takes a lot of time to conform the law to the Constitution.
 
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