I have read at number of papers on the subject by constitutional attorney and most of them cite the fact that since his parent were “legal” immigrants at the time of his birth and they were subject to the jurisdiction of the US which then gave him his citizenship rights.
In 1884, the Supreme Court ruled that a Native American born under the jurisdiction of a Native American tribe could not unilaterally make himself a United States citizen, since “no one can become a citizen of a nation without its consent.” If a Native American could not be a citizen solely by birth, then it is even more unrealistic for children of illegal aliens.
So, it is very apparent that the “jurisdiction” part played a big role in both decisions. Again, I am not a constitutional attorney or even an attorney but I am pretty good at doing research and from what I have gathered to date, while there is disagreement on the issue above, the majority seems to be on the side of non granting citizenship to children of illegal aliens.
It is also more apparent that this issue has moved from the legal to the political arena and it is time it moves back to the forum it belongs and that we have a definite decision on the issue and we all abide by it...this is the way our system is supposed to work.
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