Sunday, January 26, 2025

"Permanent Allegiance," Sucka!

 Ticker found an essay which clarifies that 'subject to.....' clause very well.

...The fundamental principle of the common law with regard to English nationality was birth within the allegiance—also called 'ligealty,' 'obedience,' 'faith,' or 'power'—of the king. The principle embraced all persons born within the king's allegiance, and subject to his protection. Such allegiance and protection were mutual,—as expressed in the maxim, 'Protectio trahit subjectionem, et subjectio protectionem,'—and were not restricted to natural-born subjects and naturalized subjects, or to those who had taken an oath of allegiance; but were predicable of aliens in amity, so long as they were within the kingdom. Children, born in England, of such aliens, were therefore natural-born subjects. But the children, born within the realm, of foreign ambassadors, or the children of alien enemies, born during and within their hostile occupation of part of the king's dominions, were not natural-born subjects, because not born within the allegiance, the obedience, or the power, or, as would be said at this day, within the jurisdiction, of the king....

Note the use of the term 'alien enemies.'  It is connected to 'hostile occupation.'

Ticker draws the correct conclusion (one that we can hope CJ Julia Roberts and 4 other members of SCOTUS draw):

... A person here unlawfully is by definition not within obedience or allegiance to the government as their presence here is not legal in the first instance.  In other words by their own deliberate acts they claim to be beyond the jurisdiction of the United States!

They are exactly equivalent in law to an invading army member who has crossed into the nation in violation of the border with intent to break the laws of the nation.  Such a person is not "subject to the jurisdiction thereof" that a tourist or other lawful entrant is since by their own hand they have acted to deny the right of the government to exert jurisdiction over them and thus DENY said jurisdiction exists....
"Birth Tourists"--even if here "legally"--cannot claim citizenship for their child, because there's this little problem of false swearing on your visa application.

False swearing is never a problem for Democrats (a lesson most conservatives MUST learn soon.)  But it is a problem for that little baby who will soon be re-united with Mommy and Daddy in a far-distant land.

1 comment:

Anonymous said...

Birth within allegiance…..

Maybe we can get rid of dual citizens who have dual loyalty, which is no loyalty at all…. One can only hope.