United States, Senator Howard, Congress discussed on We The People
He was obviously referring to the Civil Rights Act of eighteen sixty six which had been passed over president Johnson's veto only six six weeks earlier. And the Civil Rights Act of eighteen sixty six was the first definition of citizenship after the the ratification of the thirteenth amendment. And remember this was passed by a two-thirds majority of both houses of the congress. So it enjoyed widespread support of the congress, and that the definition of citizenship said all persons border naturalized and not subject to a foreign power were citizens of the United States. So Jacob Howard submitted the citizenship clause. He knew that the Civil Rights Act of eighteen sixty six did not include persons who were subject to a foreign power. And so the citizenship clause that he entered ucsd. As you read at the outset. Was read to the floor of the Senate in someone objected immediately that this would include native persons Senator Howard's that no it would not because they were considered to be foreign nations, and they didn't know allegiance to the United States, but they owed allegiance to their tribes. There were considered to be four nations. In other words, they're considered to be foreigners. Not owning allegiance the United States Senator Trumbull who had been the author of the Civil Rights Act debate team sixty six came to the support of Senator Howard said, yes, meet a subject to the jurisdiction met owing allegiance to the United States. Not owning allegiance to any other country owing complete allegiance United States. Subject to complete jurisdiction of the United States. And that's what we take to me to be the meaning of the jurisdiction clause of the fourteenth amendment. At doesn't mean subject to the laws of the United States or merely subject to the courts of the United States. It means owing allegiance sue tonight'd states being subject to complete jurisdiction of the United States. And the exclusion of those who are not subject to birthright citizenship means those who allegiance to foreign nations who are subject to foreign nations. They are excluded, and I presume that means that children born to illegal aliens whose parents oh allegiance. Other nations would be excluded from jurisdiction of the United States professor remark..