People in reservations were under tribal leadership jurisdiction that has been explained before.
If Elk had a son after he left the reservation the son would be citizen.
It has been explained, but you simply refuse to recognize the implications. I will repeat it again, and this time, try actually responding.
1.) When was the 14th Amendment written, and why?
2.) If the 14th Amendment was designed to grant automatic citizenship to anyone born in the U.S., why was the clause born in the U.S. AND "subject to the jurisdiction thereof" stipulated? Logic implies that the additional clause "and subject to the jurisdiction thereof" would have been stricken from the law if automatic citizenship by birth was the desired outcome, yes? To simplify, why stipulate the phrase "and subject to the jurisdiction thereof" if birth was all that was required?
3.) If children are born to foreign invaders on U.S. soil, are they automatically granted U.S. citizenship?
4.) If children are born to foreign diplomats on U.S. soil, are they automatically granted U.S. citizenship?
5.) If a woman gives birth to a child while flying over U.S. airspace or in U.S. waters, is that child automatically granted U.S. citizenship?
Additionally, as to whether or not Aliens qualify for birthright citizenship, I refer you to the words of the men who actually drafted the bill for the 14th Amendment, and who gave specific answers as to whether or not Aliens were to be given birthright citizenship.
Senator Jacob Howard, a drafter of the 14th Amendment, addressed the concern as follows: “This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.”
Senator Lyman Trumbull said: “The provision is, that ‘all persons born in the United States and subject to the jurisdiction thereof, are citizens. That means, “subject to the complete jurisdiction thereof.” Trumbull went on to say “What do we mean by subject to the jurisdiction of the United States? Not owing allegiance to anybody else.”
Senator Reverdy Johnson clarified the language in the 14th Amendment even further when he said: “Now, all that this amendment provides is, that all persons born in the United States and not subject to some foreign Power for that, no doubt, is the meaning of the committee who have brought the matter before us, shall be considered as citizens of the United States.”
Why do you continue to ignore the facts?
