Two years after the Civil War, the Reconstruction Acts of 1867 divided the South into five military districts, where new state governments, based on universal manhood suffrage, were to be established. Thus began the period known as Radical Reconstruction, which saw the 14th Amendment, which had been passed by Congress in 1866, ratified in July 1868. The amendment resolved pre-Civil War questions of African American citizenship by stating that “all persons born or naturalized in the United States…are citizens of the United States and of the state in which they reside.” The amendment then reaffirmed the privileges and rights of all citizens, and granted all these citizens the “equal protection of the laws.”
AN UN-GOING CRIME IS BEING COMMITTED – THE SUPREME COURT MUST ONCE AGAIN MUST STEP IN AND ADJUDICATE
Overwhelming evidence against the interpretation of “subject to the jurisdiction thereof,” or “not subject to any foreign power” as reaffirming the common law doctrine of citizenship by birth to aliens can be found following the adoption of the Fourteenth Amendment. In 1867 George Helm Yeaman, United States Minister to Denmark, in his well received treatise on allegiance and citizenship, which was presented to Secretary of State William H. Seward, said: “But the idea of a double allegiance and citizenship united in the same person, and having reference to two separate, independent, and sovereign nations or governments, is simply an impossibility.”
In the year 1873 the United States Attorney General ruled the word “jurisdiction” under the Fourteenth Amendment to mean, which Justice Gray would recognize in Elk v.Wilkins years later:
The word “jurisdiction” must be understood to mean absolute and complete jurisdiction, such as the United States had over its citizens before the adoption of this amendment… Aliens, among whom are persons born here and naturalized abroad, dwelling or being in this country, are subject to the jurisdiction of the United States only to a limited extent. Political and military rights and duties do not pertain to them. (14 Op. Atty-Gen. 300.)
House Report No. 784, dated June 22, 1874, stated, “The United States have not recognized a double allegiance. By our law a citizen is bound to be ‘true and faithful’ alone to our government.” There is no way in the world anyone can claim “subject to the jurisdiction thereof” affirms the feudal common law doctrine of birth citizenship to aliens because such doctrine by operation creates a “double allegiance” between separate nations.
If there is one inescapable truth to the text and debates, it is this: When Congress decided to require potential citizens to first be subject to the complete jurisdiction of the United States they by default excluded all citizens of other nations temporarily residing in the U.S. who had no intention of becoming citizens themselves or, disqualified of doing so under naturalization laws. This was no oversight because it was too simple to declare the common law rule of jus soli if indeed that was truly the desired goal by these very competent lawyers (both Howard and Trumbull were lawyers).
Aaron Sargent, a Representative from California during the Naturalization Act of 1870 debates said the Fourteenth Amendment’s citizenship clause was not a de-facto right for aliens to obtain citizenship. No one came forward to dispute this conclusion.
Perhaps because he was absolutely correct.